IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR SATURDAY, THE 23RD MAY 2009 / 2ND JYAISHTA 1931 WP(C).No. 13902 of 2009(Q) --------------------------------------- PETITIONER(S): ---------------------- VIJAYAN P.R., AGED 48, S/O. RAMAKRISHNAN, POLUVALAPPIL HOUSE, P.O.MULAYAM, VALAKAVU, THRISSUR DISTRICT. BY ADV. MR.G.SREEKUMAR (CHELUR) RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVT., HOME DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE, AYYANTHOLE, COLLECTORATE, THRISSUR. 3. THE CIRCLE INSPECTOR OF POLICE, OLLUR POLICE STATION, THRISSUR DISTRICT. 4. THE S.I. OF POLICE, MANNUTHY POLICE STATION, THRISSUR DISTRICT. 5. BALACHANDRAN, S/O. LATE KRISHNAN, KARIMPANAKAL HOUSE, P.O.MULAYAM, VALAKAVU, THRISSUR DISTRICT. 6. KRISHNANKUTTY, S/O. LATE K.S.SANKARAN, KARUKAYIL HOUSE, P.O.MULAYAM, VALAKAVU, THRISSUR DISTRICT. 7. A.G.NARAYANAN, S/O. GOVINDHAN, AYYATHOKARAN HOUSE, P.O.MULAYAM, VALAKAVU, THRISSUR DISTRICT. 8. T.R.GOVINDHANKUTTY, S/O. THATTAMPARAMPIL RAVUNNY EZHUTHACHAN, KOZHUKULLY, MOORKARIKARA, THRISSUR-680 571. R1 TO R4 BY PUBLIC PROSECUTOR MR.GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C) NO.13902 OF 2009 =========================== Dated this the 23rd day of May, 2009 JUDGMENT Petitioner filed Ext.P3 complaint before Superintendent of Police, Thrissur against respondents 5 to 7 alleging that 20 cents of land in survey No.601/6 of Mulayam Village was originally purchased in the name of the firm “Four Tec Rubbers” and there was a factory and building therein and petitioner was working as Managing Partner for years and petitioner was continuing as Managing Partner and dispute arose and Ext.P2 deed of retirement was fraudulently created and it is a forged document and therefore action is to be taken against respondents 5 to 7. Contending that second respondent Superintendent of Police did not investigate the case and take action, this petition is filed under Article 226 of the Constitution of India for a direction to register a crime and conduct investigation. W.P.(C)13902/2009 2 2. Learned counsel appearing for the petitioner was heard. 3. If the petitioner is aggrieved by the non registration of the case, pursuant to the complaint filed before Superintendent of Police, petitioner is at liberty to approach the Magistrate by filing a private complaint under section 200 of the Code of Criminal Procedure. I do not find it necessary to give any direction for investigation as sought for. With the liberty to move the Magistrate, petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006