IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 WP(C).No. 32317 of 2005(V) -------------------------- PETITIONER: ------------ E.A.RABEKKA, W/O.LATE DAVIS, KUNNANKADU HOUSE, MANNAMANGALAM P.O., THRISSUR. BY ADV. SRI.P.K.RAVISANKAR RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO HOME DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. DIRECTOR GENERAL OF POLICCE, TRIVANDRUM. 3. SUPERINTENDENT OF POLICE, THRISSUR. 4. STATION HOUSE OFFICER, OLLUR POLICE STATION, THRISSUR. 5. CENTRAL BUREAU OF INVESTIGATION, KOCHI. BY ADV. SRI.S.SREEKUMAR, SC FOR CBI FOR R5 GOVERNMENT PLEADER, SRI.BENJAMIN PAUL FOR R3,4 SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. FOR R5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR, J. -------------------------------------- W.P.(C) No.32317 OF 2005 -------------------------------------- Dated this the 27th day of June, 2008 J U D G M E N T ~~~~~~~~~~~ The petitioner is the mother of Mr.Anil Davis. According to her, he was brutally manhandled by Circle Inspector of Police, Ollur. He along with his friend Roy was produced before the Judicial First Class Magistrate Court. The learned Magistrate released them on bail. Thereafter, Mr. Anil Davis got himself admitted in Jubilee Mission Medical College and Research Institute, Thrissur. On the basis of the intimation given from the hospital a police constable came to the hospital and recorded their statement. But no crime was registered. Therefore, this writ petition is filed seeking the following reliefs: “i) Issue a writ in the nature of mandamus or order directing the fourth respondents 3 and 4 to register a crime on the basis of Ext.P4. ii) Issue a writ in the nature of mandamus or order directing the fifth respondent to take over the investigation of crime so registered as per Prayer No.(i) and conduct investigation and submit a final report.” W.P.(C) No.32317/2005 2 2. The 5th respondent mentioned in prayer (ii) is the Central Bureau of Investigation. If the police does not register a crime, the petitioner or injured can move the Criminal Court concerned for appropriate reliefs. The injured can file a private complaint and move for trial of it by the court itself. In view of the remedies available to the petitioner, under the Code of Criminal Procedure, this Court is not justified in issuing any direction to the police, especially, in view of the decision of the Apex Court reported in Sakiri Vasu v. State of U.P [2008(1) KLT 724(SC)]. Having regard to the nature of the offences alleged and the remedies available to the petitioner, this is not a fit case, the investigation of which should be handed over to the C.B.I. In the result, the writ petition is dismissed. (K.BALAKRISHNAN NAIR, JUDGE) ps