IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 2ND AUGUST 2011 / 11TH SRAVANA 1933 WP(C).No. 20989 of 2011(W) -------------------------- PETITIONER(S): ---------------------- M.K.AYISHA, AGED 50 YEARS, D/O.KUNHAMMA UMMA, RESIDING AT MADAKKAL, SOUTH TRIKARIPUR, P.O.UDUMBUMTHALA, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.M.V.AMARESAN RESPONDENT(S): ------------------------ 1. SUPERINTENDENT OF POLICE, KANNUR, PIN 670 001. 2. KUNNIPARAMBATH BABU, AGED 52 YEARS, S/O.KARUNAKARAN, RESIDING AT KARIVELLUR AMSOM, VADAKKUMBAD DESOM, ANOOR, P.O.KARIVELLUR, TALIPARAMBA TALUK, KANNUR DISTRICT, PIN 670 308. 3. CIRCLE INSPECTOR OF POLICE, PAYYANNUR, KANNUR DISTRICT, PIN 670 307. 4. PUTHIYA VALAPPIL PRASAD, AGED 51 YEARS, S/O.KUNHIKANNAN, PAYYANNUR AMSOM, DESOM, TALIPARAMBA, KANNUR DISTRICT, PIN 670 307. 5. MUHAMMED RASHID, S/O.M.K.AYISHA, MADAKKAL, SOUTH TRIKARIPUR, HOSDURG TALUK, KASARAGOD DISTRICT, PIN 671 121. GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.20989/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF OWNERSHIP CERTIFICATE ISSUED BY THE KARIVELLUR PERALAM GRAMA PANCHAYAT DT 28.4.2010. EXT.P2: TRUE COPY OF POSSESSION CERTIFICATE ISSUED BY THE PETITIONER DT 23.4.2010. EXT.P3: TRUE COPY OF BUILDING TAX RECEIPT REMITTED BY THE PETITIONER DT 30.5.11 ISSUED FROM PANCHAYAT OFFICE. EXT.P4: TRUE COPY OF LAND TAX RECEIPT REMITTED BY THE PETITIOENR DT 30.5.11 IN SALE DEED NO.1627/2010 OF SRO, PAYYANNUR. EXT.P5: TRUE COPY OF SALE AGREEMENT OF THE BUS BEARING NO. KL- 13L-2700 DATED 24.3.2010 EXECUTED BETWEEN THE 5TH RESPODNENT AND 2ND RESPONDENT. EXT.P6: TRUE COPY OF SALE AGREEMENT OF THEBUS EXECUTED BETWEEN 2ND AND 4TH RESPONDENTS DATED 7.8.2010. EXT.P7: TRUE COPY OF COMPLAINT PREFERRED BY THE PETITIONER BFORE THE 3RD RESPODNENT DT 4.5.11. EXT.P8: TRUE COPY OF AFFIDAVIT FILED IN SUPPORT OF THE INJUNCTION PETITION IN I.A.1216/2011 IN OS NO.109/11 BY THE PETITIONER BEFORE THE HON'BLE MUNSIFF COURT, PAYYANNUR DATED 5.7.11. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 20989 OF 2011 ===================== Dated this the 2nd day of August, 2011 J U D G M E N T The prayer sought in the writ petition is to direct the 1st respondent to register a crime against the 2nd respondent based on Ext.P7 complaint made by the petitioner. 2. The prayer sought by the petitioner is directly contrary to the principles laid down by the Apex court in its judgment in Sakiri Vasu v. State of U.P. {2008(1) KLT 724(SC)}, where it has been held that a person aggrieved by in action of the police has to move the Magistrate concerned. In that view of the matter, the relief sought for cannot be granted. Writ petition is dismissed. ANTONY DOMINIC, JUDGE Rp