Mobile View
Main Search Forums Advanced Search Disclaimer
Cites 5 docs
The Indian Penal Code, 1860
Article 227 in The Constitution Of India 1949
Sakiri Vasu vs State Of U.P. And Others on 7 December, 2007
Section 156 in The Indian Penal Code, 1860
Section 154 in The Indian Penal Code, 1860

User Queries
Kerala High Court
K.Hussain Koya Thangal vs The District Superintendent Of ... on 6 November, 2009

IN THE HIGH COURT OF KERALA AT ERNAKULAM WP(C).No. 27259 of 2009(Q)

1. K.HUSSAIN KOYA THANGAL,

... Petitioner

Vs

1. THE DISTRICT SUPERINTENDENT OF POLICE, ... Respondent

2. THE SUB INSPECTOR OF POLICE,

3. JAMALUDHEEN,S/O.SHAHUL HAMEED, For Petitioner :SRI.K.KARTHIKEYA PANICKER For Respondent : No Appearance The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR Dated :06/11/2009

O R D E R

M.SASIDHARAN NAMBIAR,J.

------------------------------------------ W.P.C.NO. 27259 OF 2009

------------------------------------------ Dated 6th November 2009 JUDGMENT

This petition is filed under Article 227 of Constitution of India for a writ of mandamus to direct respondents 1 and 2 to investigate Exts.P1 and P3 complaints jointly. Ext.P1 is a complaint which was sent for investigation by Judicial First Class Magistrate, Kollam under Section 156(3) of Code of Criminal Procedure based on which Ext.P2 FIR was registered and the case is being investigated. Ext.P3 is a complaint filed by the petitioner before the Superintendent of Police alleging that a complaint was filed before Sub Inspector of Police, Kundara police station but no FIR was registered and therefore, direction is to be issued to register a case and investigate the case.

2. A direction cannot be issued to investigate Ext.P2 crime along with a crime to be registered as sought for. When case of the petitioner is that a complaint was preferred before the Station Wpc 27259/09

2

House Officer and as provided under Section 154, no case is registered and Ext.P3 complaint was filed before the Superior officer and still no FIR is registered, as held by the Apex court in Sakiri Vasu v. State of U.P (2008 (1) KLT 724) remedy of the petitioner is not to approach the High Court under Article 227 of Constitution of India but to approach the Magistrate under Section 156(3) of Code of Criminal Procedure. With that liberty petition is dismissed.

M.SASIDHARAN NAMBIAR,

JUDGE.

uj.