IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 6TH OCTOBER 2010 / 14TH ASWINA 1932 WP(C).No. 22170 of 2009(Q) ---------------------------------------- CC.334/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, KANNUR .................... PETITIONER(S): ----------------------- SMT.P.K. KRISHNAKUMARI, AGED 60 YEARS, D/O.LATE P.V. BALAKRISHNAN NAIR, 12A, CANTONMENT, NEAR GOVERNMENT GUEST HOUSE, KANNUR-1. BY ADV. SRI.SUNIL NAIR PALAKKAT, SRI.K.N.ABHILASH, SMT.R.LEELA. RESPONDENT/PETITIONER ---------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO HOME DEPARTMENT, SECRETARIATE, TRIVANDRUM. 2. P.K. MANOHARAN, S/O.LATE P.K.BALAKRISHNAN NAIR, AGED 51 YEARS, RAJESWARI BHAVAN, AZHIKODE AMSOM, AZHIKODE P.O., KANNUR. R1 BY GOVT. PLEADER SMT.M.K. PUSHPALATHA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- W.P.C.NO.22170 OF 2009 --------------------------------------------- Dated 6th October, 2010 JUDGMENT This petition is filed under Articles 226 and 227 of Constitution of India for a writ of mandamus or direction commanding first respondent to consider Ext.P3 within thirty days or in the alternative to permit petitioner to file an application under Section 156(3) of Code of Criminal Procedure before the concerned Magistrate. Ext.P3 is a petition submitted before the Chief Minister to direct CBI investigation in Crime No.65/2005 of Kannur Town Police Station. After completing investigation, final report has been submitted in Crime No.65/2005 and cognizance was taken by the learned Wpc 22170/09 2 Magistrate for the offences under Sections 471 and 468 of Indian Penal Code as C.C.334/2007. I find no reason to issue any direction as sought for by the petitioner with regard to Ext.P3. For approaching the concerned Magistrate under Section 156(3) of Code of Criminal Procedure, no permission of this Court is necessary. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.