IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 18TH FEBRUARY 2010 / 29TH MAGHA 1931 WP(C).No. 2605 of 2010(Q) -------------------------------------- PETITIONER(S): ------------------------- GOPINATHAN, S/O.AYYAPPAN, MULANGATTUKKARA HOUSE, KONIKKARA DESOM,THRISSUR. BY ADV. MR.DILIP J. AKKARA RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REP BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DEPUTY SUPERINTENDENT OF POLICE, THRISSUR. 3. S.I.OF POLICE PUDUKKAD POLICE STATION, THRISSUR. 4. THOMAS, S/O.JOSEPH, EEROORIKKAL HOUSE, KONIKKARA DESOM,THRISSUR. 5. JOHNY, SECRETARY, STATE HUMAN RIGHTS PROTECTION CENTRE, THALORE, THRISSUR. R1 TO R3 BY GOVERNMENT PLEADER MR. AMJAD ALI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C).No. 2605 OF 2010 =========================== Dated this the 18th day of February,2010 JUDGMENT This petition is filed under Article 226 of the Constitution of India contending that though Ext.P2 complaint was filed before the Deputy Superintendent of Police, Thrissur, no crime is registered and no investigation is being conducted. 2. Learned counsel appearing for the petitioner and the learned Public Prosecutor were heard. 3. The argument of the learned counsel is that in spite of filing of the complaint, there was no proper investigation and accused is threatening the petitioner and in such circumstances, a proper direction is to be issued. When the case of the petitioner is that in spite of the complaint no crime is W.P.(C) 2605/2010 2 registered and there is no proper investigation, remedy of the petitioner is as held by the Apex Court in Sakiri Vasu v. State of U.P (2008(1) KLT 724) to approach the concerned Magistrate under section 156(3) of the Code of Criminal Procedure. With liberty to approach the Magistrate, petition is disposed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006