IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 3RD JUNE 2009 / 13TH JYAISHTA 1931 WP(C).No. 14659 of 2009(Q) --------------------------------------- PETITIONER: ------------------- M/S.AGRO TECH PET (P) LTD., JAINEMEDU, VADAKKANTHARA, PALAKKAD -678 012, REPRESENTED BY MANAGER R.SREENIVASAN. BY ADVS. SRI.P.J.MATHEW SRI.K.B.ARUNKUMAR RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. CITY COMMISSIONER OF POLICE, COCHIN. 3. CIRCLE INSPECTOR OF POLICE, MATTANCHERRY, KOCHI. 4. SUB INSPECTOR OF POLICE, WILLINGTON ISLAND, KOCHI. R1 TO R4 BY PUBLIC PROSECUTOR MR. AMJAD ALI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR, J. ===================== W.P.(C). No. 14659 of 2009-Q ===================== Dated this the 3rd day of June, 2009. JUDGMENT This petition is filed under Article 226 of the Constitution of India for a writ of mandamus commanding respondents to register the FIR and also to constitute a special team to conduct effective investigation to recover the container lorry and also to arrest the accused. Case of the petitioner is that container lorry bearing Registration No.KL-9J-8570 was parked in Willington Island in the Airport Road, outside the Port Toll on 26-3-2009 and it was parked along with 11 other container lorries. On 6-4-2009 at 4 PM, the Driver went to take the container lorry. He found that it was missing. Immediately on coming to know about the theft, the employee in-charge filed the original of W.P.(C) No.14659/2009-Q -2- Ext.P1 complaint on 6-4-2009 and inspite of Ext.P1 no case is registered and no investigation is conducted and therefore a writ of mandamus is to be issued. 2. Learned Government Pleader on instructions submitted that the original of Ext.P1 was not received at Harbour Police Station. Ext.P1 does not show that it was submitted to Harbour Police Station where ordinarily it is to be submitted. Instead it is seen from Ext.P1 that it is addressed to Willington Island Cochin Police Sub Inspector. There is no such Police Station. 3. If the case of the petitioner is that a complaint was filed before the Station House Officer and still the crime is not registered or investigation is not made, petitioner has a remedy to file a private complaint before the concerned Magistrate or if a case is registered but no proper investigation is conducted, to approach the Magistrate under Section 356(3) of Code of Criminal Procedure as declared by the Apex Court in Sakiri Vasu v. W.P.(C) No.14659/2009-Q -3- State of U.P. (2008 (1) KLT 724). When an alternative and efficacious remedy is available to the petitioner, petitioner is not entitled to approach this court for a direction to register the FIR or to constitute a special team, when no case is registered. Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE dkr