IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 24TH MAY 2011 / 3RD JYAISHTA 1933 WP(C).No. 12736 of 2011(N) -------------------------- PETITIONER ------------------- P.S.ALIKUNJU, AGED 42, S/O.SAIDU, PARUTHIKKAL HOUSE, VADACODU P.O., KANGARAPPADI, KOCHI-21. BY ADV. SRI.S.RAJKUMAR RESPONDENT(S): --------------------------- 1. THE CIRCLE INSPECTOR OF POLICE, ALUVA POLICE STATION, ALUVA 683101. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM 695001. 3. ABDUL AZEEZ.K.A, AGED 40, KUDILIL HOUSE, NEAR EDAPPALLY TOLL, SHOBA ROAD, ERNAKULAM, BEST VENTURE MARKETING, 3RD FLOOR ROYAL PLAZA, BRIDGE ROAD, ALUVA-683 101, 4. P.MANOJ KUMAR, AGED 36, KEERTHANAM HOUSE, CALICUT ROAD, VELLARAMKUNNU, KALPETTA, WAYANAD, PIN 673121. BY PUBLIC PROSECUTOR SRI.MANU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C). No.12736 of 2011 -------------------------------------- Dated this the 24th day of May, 2011. JUDGMENT The prayer in this petition is to direct respondents 1 and 2 to act upon Ext.P1, complaint preferred by the petitioner in connection with (alleged) money swindling . According to the petitioner, inspite of his complaint, no action is taken by respondents 1 and 2. Learned Public Prosecutor submitted that though in connection with the complaint preferred by one Saji, the Aluva East Police has registered Crime No.951 of 2011 for offence punishable under Section 420 of the Indian Penal Code regarding the alleged money swindling, investigation is going on and that in the course of investigation the Police learnt that several persons were (allegedly) cheated by respondents 3 and 4. Learned Public Prosecutor also submitted that complaint preferred by petitioner also could be looked into in the course of the investigation. That submission is recorded. 2. Even otherwise, if petitioner wanted a case to be registered on his complaint and that is not done, the appropriate course open to him is to approach the Magistrate concerned, file a complaint and seek investigation under Section 156(3) of the Code of Criminal Procedure. WP(C) No.12736/2011 2 3. In the light of the submission made by learned Public Prosecutor and in the circumstances stated it is not necessary to issue any direction as prayed for in this proceeding. Resultantly subject to what is stated above, this petition is closed. THOMAS P.JOSEPH, Judge. cks