IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 5TH MARCH 2010 / 14TH PHALGUNA 1931 Crl.MC.No. 780 of 2010() ----------------------------------- PETITIONER(S): ----------------------- SWARNA BAI, AGED 65 YEARS OLD, D/O.GNANAPOOVU, PARUTHIVILA VEEDU, KUNNIYOODU, KARODU VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. MR.R.KRISHNAMURTHY RESPONDENT(S): ------------------------- 1. JUSTIN, S/O.POONAIYAN, PARUTHIVILA VEEDU, KUNNIYOODU, KARODU VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. 2. DENNY @ BENNY, S/O.PONNAIYAN, PARUTHIVILA VEEDU, KUNNIYOODU, KARODU VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. 3. THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, POZHIYOOR POLICE STATION, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. THROUGH THE PUBLIC PROSECUTOR, HON'BLE HIGH COURT OF KERALA, ERNAKULAM. R3 BY PUBLIC PROSECUTOR MR.I.B. PRAMOD. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.780 OF 2010 =========================== Dated this the 5th day of March,2010 ORDER This petition is filed under section 482 of the Code of Criminal Procedure for a direction to the police to register a case against respondents 1 and 2 and to investigate based on Annexure 2 complaint filed before Sub Inspector of Police. As declared by the Apex Court in Sakiri Vasu v. State of U.P. (2008(1) KLT 724, the remedy of the petitioner is not to approach this court under section 482 of the Code of Criminal Procedure but to approach the Magistrate under section 156(3) of the Code of Criminal Procedure. With liberty to approach the Magistrate, petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006