Kerala High Court
Dr.P.K.Muhammad Shafi vs The Secretaryto Government (Home ... on 5 March, 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
TUESDAY, THE 20TH DAY OF JUNE 2017/30TH JYAISHTA, 1939
WP(C).No. 15700 of 2017 (J)
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PETITIONER(S) :
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DR.P.K.MUHAMMAD SHAFI,
AGED 43, S/O. ABDULLA, POOLAKHANDY HOUSE,
KARANTHUR (P.O), KUNNAMANGALAM,
KOZHIKODE DISTRICT.
BY ADVS. SRI.MOHANAN V.T.K.
SRI.K.NOORUDHEEN
RESPONDENT(S) :
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1. THE SECRETARYTO GOVERNMENT (HOME DEPARTMENT),
GOVERNMENT OF KERALA, THIRUVANANTHAPURAM- 695 001.
2. THE DIRECTOR GENERAL OF POLICE,
THIRUVANANTHAPURAM-695 001.
3. THE ADDITIONAL DIRECTOR GENERAL OF POLICE,
KOZHIKKODE-673 001.
4. DR.K.T.AJMAL,
S/O. VEERAN, CALICUT UNANI HOSPITAL &
RESEARCH CENTRE, KALLAI ROAD, P.O. KALLAI,
CALICUT-673 003.
5. DR.ANEES RAHMAN,
AGED 35, KERALA UNANI HOSPITAL, P.O. MANJERI,
MALAPPURAM DISTRICT-676 121.
6. JAMSHEER,
S/O. ABDUL RAZAK, DIRECTOR, INSTITUTE OF FOLKLORE
UNANI MEDICINE, JANATHAPPADY, PADIKKUNNU,
NILAMBUR, MALAPPURAM DISTRICT.
R1 TO R3 BY GOVERNMENT PLEADER SRI. T.R.RENJITH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 20-06-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Msd.
WP(C).No. 15700 of 2017 (J)
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APPENDIX
PETITIONER(S)' EXHIBITS :
EXHIBIT P1: TRUE COPY OF THE COMPLAINT FILED BY 4TH RESPONDENT
BEFORE THE DISTRICT POLICE COMMISSIONER, KOZHIKODE.
EXHIBIT P2: TRUE COPY OF THE F.I.R IN VELLAYIL POLICE STATION
CRIME NO.558/2014.
EXHIBIT P3: TRUE COPY OF THE COMPLAINT IN C.M.P. NO.4995/2016 ON
THE FILE OF CHIEF JUDICIAL FIRST CLASS MAGISTRATE
COURT-IV, KOZHIKODE DATED 05.03.2016.
EXHIBIT P4: TRUE COPY OF THE F.I.R. IN CRIME NO.213/2016 OF THE VELLAYIL
POLICE STATION.
EXHIBIT P5: TRUE COPY OF THE STATEMENT OF SALMA SAMEENA.
EXHIBIT P6: TRUE COPY OF THE PASSPORT OF 'SUHARA'.
EXHIBIT P7: TRUE COPY OF THE DEROGATORY FACEBOOK POSTING BY
6TH RESPONDENT.
EXHIBIT P8: TRUE COPY OF THE REPRESENTATION SUBMITTED BY
PETITIONER TO RESPONDENTS TO 1 TO 3 DATED 05.03.2016.
EXHIBIT P9: TRUE COPY OF THE POSTAL RECEIPTS.
RESPONDENT(S)' EXHIBITS :
NIL
//TRUE COPY//
P.A.TO JUDGE.
Msd.
K. ABRAHAM MATHEW, J.
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W.P.(C) No. 15700 of 2017
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Dated this the 20th day of June, 2017
J U D G M E N T
1.The petitioner filed Ext.P8 complaint before the Government, the Director General of Police and the Additional Director General of Police. The prayer in this writ petition is to direct and enquire into the complaint (wrongly shown as Ext.P7 in the relief column) by respondents 4 to 6.
2.Heard the learned counsel for the petitioners and the learned Public Prosecutor.
3.Under the Cr.P.C., there is no question of the court ordering an enquiry by the police into a complaint. There can be only an investigation. If the Station House Officer does not register a case though information was given about the commission of a cognizable offence, the remedy is not to file a writ petition. He may either send the substance of the information to the District Police W.P.(C) No. 15700 of 2017 ..2..
Chief by post or file a complaint before the Magistrate having jurisdiction. This has been so held in Aleque Badamsee & Others v. Union of India & Others [2007 (6) SCC 171]. This writ petition cannot be entertained.
In the result, the writ petition is dismissed.
Sd/-
K. ABRAHAM MATHEW JUDGE bka/-