IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 18TH JUNE 2008 / 28TH JYAISHTA 1930 Crl.MC.No. 2285 of 2008() ------------------------- ANNEXURE-5 COMPLAINT BEFORE THE MANJERI POLICE STATION PETITIONER: ------------ M.SUNILKUMAR, S/O.VELAYUDHAN NAIR, PROPRIETOR, ANUPAM FINANCE, MANJERI BRANCH MALAPPURAM BY ADV. SRI.K.M.SATHYANATHA MENON SMT.S.SMITHA (PARAKKAL) RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM 2. S.I. OF POLICE, MANJERI POLICE STATION MALAPPURAM. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.2285 of 2008 ------------------------------------- Dated this the 18th day of June, 2008 ORDER To put it in a nut shell, the grievance of the petitioner is this. He had filed a complaint-Annexure-5 before the 2nd respondent- police official. No crime has been registered. No action has been taken on Annexure-5. 2. After the decision in Sakiri Vasu v. State of U.P [2008 AIR SCW 309] which has been followed by this Court in Vasanthi Devi v. Sub Inspector of Police [2008 (1) KLT 945], it is trite that a person with such a grievance cannot ordinarily approach this Court directly with petitions under Section 482 Cr.P.C or Article 226 of the Constitution of India. Unless exceptional and compelling reasons can be shown, it is for such persons to invoke the powers of the Magistrate under Section 156 (3) Cr.P.C and to ensure that a proper investigation is conducted. The learned Magistrates, it has been held, have the reservoir powers under Section 156(3) Cr.P.C to issue appropriate directions to ensure proper investigation in all crimes. The petitioner admittedly has not filed any complaint before the Superintendent of Police as Crl.M.C. No.2285 of 2008 2 enabled by Section 154(3) Cr.P.C. The petitioner had not filed any complaint before the Magistrate under Section 156(3) Cr.P.C. No compelling reasons are shown as to how and why the petitioner can be permitted to approach this Court in these circumstances with this application under Section 482 Cr.P.C. 3. I am, in these circumstances, constrained and have no other go but to dismiss the petition leaving open the right of the petitioner to approach the learned Magistrate with an application under Section 156(3) Cr.P.C. If such an application is filed, the learned Magistrate must consider the same and take appropriate decision in the light of the dictum in Sakiri Vasu. 4. This Crl.M.C is dismissed with the above observations. (R.BASANT, JUDGE) rtr/-