IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 18TH AUGUST 2010 / 27TH SRAVANA 1932 WP(C).No. 23673 of 2010() ------------------------- PETITIONER: --------------- AM KRISHNAKUMAR, S/O.MUKUNDAN MENON,'MANIMANDIRAM',ERNAKULAM ROAD,ALUVA. BY ADV. SRI.ANOOP ELIAS SRI.GEORGE SEBASTIAN RESPONDENTS: --------------- 1. THE SUB INSPECTOR OF POLICE, ALUVA POLICE STATION,. 2. E.MUKUNDAN, 'SAI KARUNYA' PARAVOOR JUNCTION, THOTTAKATTUKARA PO, ALUVA-683 108. PUBLIC PROSECUTOR SRI.C.S.HIRTHWIK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.RAMKUMAR, J. ---------------------------------------- W.P.(C).No.23673 of 2010 ---------------------------------------- Dated this the 18th day of August, 2010 JUDGMENT The petitioner who is the complainant in Ext.P1 private complaint filed before the Judicial Magistrate of the First Class-I, Aluva alleging offences punishable under Sections 468, 471, 403, 405 & 416 I.P.C. seeks a direction to the Sub Inspector of Police of Aluva Police Station to register an F.I.R. and commence investigation. According to the petitioner Ext.P1 private complaint was forwarded by the Magistrate under Section 156(3) Code of Criminal Procedure to the S.H.O., Aluva for registering a crime and commencing investigation. Since no crime was registered by the Aluva Police the petitioner again moved the Magistrate as per Ext.P2 representation. Then the Sub Inspector of Police submitted Ext.P3 report dated 14/7/2010 before the Judicial Magistrate of the First Class-I, Aluva to the effect that at the instance of the parent of a student studying in the school run by the second respondent herein (E.Mukundan) the Aluva Police has already registered a case as Crime No.779/2010 under Sections 120B & 420 read with Section 34 I.P.C. Ext.P4 is the W.P.(C).No.23673/2010 : 2 : copy of the said F.I.R. The grievance of the petitioner is that even though the subject matter of Ext.P1 private complaint filed by him and the subject matter of Ext.P4 F.I.R. are distinct and dissimilar, no orders are passed by the Magistrate directing the S.H.O, Aluva to register a crime pursuant to the earlier order passed under Section 156(3) of Code of Criminal Procedure. 2. The learned Government Pleader submitted that the failure to register a crime is on account of the fact that Ext.P4 F.I.R. has already been registered by the police and the gravamen of the allegation forming the subject matter of Ext.P4 F.I.R. and Ext.P2 further representation submitted by the petitioner is that the school run by the second respondent is without any recognition whatsoever. 3. The learned Magistrate is yet to consider the question as to whether the allegations in Ext.P1 private complaint and the complaint forming the subject matter of Ext.P4 F.I.R. are the same or not. This writ petition is accordingly disposed of directing the Judicial Magistrate of the First Class-I, Aluva to consider the W.P.(C).No.23673/2010 : 3 : question as to whether the allegations in Ext.P1 private complaint filed by the petitioner and the allegations in the complaint forming the subject matter of Ext.P4 F.I.R. are the same. If allegations are not the same, then the Police cannot escape from registering a crime pursuant to the order passed by the Magistrate under Section 156(3) Code of Criminal Procedure. If on the other hand the allegations are the same then there is no need to register another F.I.R. and the petitioner can be interrogated by the police and his statement recorded and documentary evidence if any can be seized during the course of investigation. V.RAMKUMAR, JUDGE skj