Kerala High Court
Muhammed Kutty vs The Sub Inspector Of Police on 2 November, 2016
Author: K.Abraham Mathew
Bench: K.Abraham Mathew
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
THURSDAY, THE 14TH DAY OF JUNE 2018 / 24TH JYAISHTA, 1940
WP(C).No. 19677 of 2018
PETITIONER(S) :-
MUHAMMED KUTTY,
S/O.MUHAMMED,
KILIYANKUNNATH HOUSE,
PERUMUKKU.P.O.,
MALAPPURAM DISTRICT.
BY ADVS.SRI.K.R.AVINASH (KUNNATH)
SRI.ABDUL RAOOF PALLIPATH
RESPONDENT(S):
1. THE SUB INSPECTOR OF POLICE
CHANGARAMKULAM POLICE STATION,
CHANGARAMKULAM.P.O., MALAPPURAM-695 102
2. THE DEPUTY SUPERINTENDENT OF POLICE
TIRUR, MALAPPURAM- 676 101
3. THE SUPERINTENDENT OF POLICE (DISTRICT POLICE CHIEF)
OFFICE OF THE DISTRICT POLICE CHIEF,
MALAPPURAM, MALAPPURAM- 679 580
4. THE DIRECTOR GENERAL OF POLICE
STATE POLICE HEADQUARTERS,
THIRUVANANTHAPURAM- 695 001
5. SUNIL KUMAR
S/O. GOPALAN, AGED 45 YEARS,
PERUMPADAPPU.P.O., MALAPPURAM- 679 580
6. SREENIVASAN
S/O. VELU, AGED 50 YEARS,
KADAYIKKAL HOUSE, SUKAPURAM.P.O.,
MALAPPURAM- 679 576.
7. PARAKATTER DHAMODHAR
S/O. KUNYAN, AGED 50 YEARS,
RESIDING AT HOUSE NO.8-1-2015,
GANAPATHI NAGAR, KSP ROAD, NEW PALONCHA.P.O.
KAMMAM DIST., TELANGANA STATE- 507 115
R1-R4 BY SRI.ALEX M THOMBRA, SR.PUBLIC PROSECUTOR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-06-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 19677 of 2018 (H)
APPENDIX
PETITIONER(S)' EXHIBITS :-
EXHIBIT P1 TRUE COPY OF THE RECEIPT ISSUED FROM THE OFFICE
OF THE 3RD RESPONDENT
EXHIBIT P2 TRUE COPY OF THE LEGAL NOTICE DATED 2.11.2016
EXHIBIT P3 TRUE COPY OF THE COMPLAINT IN CC NO 10/2017 OF
THE IIND ADDITIONAL JUDICIAL FIRST CLASS
MAGISTRATE COURT, KOTHAGUDEM
EXHIBIT P4 TRUE COPY OF THE RECEIPT DATED 21.09.2017
ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT
EXHIBIT P5 TRUE COPY OF THE COMPLAINT DATED 3.10.2017
BEFORE THE 4TH RESPONDENT
EXHIBIT P6 TRUE COPY OF THE LETTER DATED 31.3.2018 ISSUED
FROM THE OFFICE OF THE 3RD RESPONDENT
RESPONDENT(S)' EXHIBITS :- NIL
//TRUE COPY//
PA TO JUDGE
SMA
K.ABRAHAM MATHEW, J.
-----------------------------
W.P.(C) No.19677 of 2018
-----------------------------
Dated this the 14th day of June, 2018
JUDGMENT
Petitioner alleges that though he filed a complaint before the SHO, Changaramkulam, no case has been registered. His prayer is to direct the Police Officer to register a case.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
3. If a Station House Officer fails to register a case though he is given information about commission of a cognizable offence, the remedy of the informant is to send the substance of allegation to the Superintendent of Police by registered post or to file a complaint before the Magistrate. He is not entitled to maintain a writ petition under Article 226 of the Constitution or a petition under Section 482 Cr.P.C. This has been so held by the Supreme Court in Aleque Badamsee and Others Vs. Union of India and Others [2007 (6) SCC 171] and Sakiri Vasu Vs. State of U.P [2008 (1) KLT 724]. This writ petition is not maintainable.
In the result, this writ petition is dismissed. The petitioner may file a complaint before the Magistrate if he is so advised.
Sd/-
K.ABRAHAM MATHEW, JUDGE //True Copy// PA TO JUDGE SMA