P. Abdulla vs The Director General Of Police

Kerala High Court

P. Abdulla vs The Director General Of Police on 24 May, 2024

Author: Bechu Kurian Thomas

Bench: Bechu Kurian Thomas

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
     FRIDAY, THE 24TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946
                      WP(CRL.) NO. 553 OF 2024
PETITIONER:

          P. ABDULLA
          AGED 54 YEARS
          S/O. ABOOBAKAR HAJI,
          PANDARATHIL, ALAMKODU VILLAGE,
          MANTHADAM DESHATHU, PONNANI TALUK,
          PONNANI, MALAPPURAM, PIN - 679585

          BY ADVS.
          P.M.HABEEB
          YESMA D. ELAVANTHARA


RESPONDENTS:

    1     THE DIRECTOR GENERAL OF POLICE
          OFFICE OF THE DIRECTOR GENERAL OF POLICE,
          POLICE HEAD QUARTERS,
          THIRUVANANTHAPURAM, PIN - 695010

    2     THE SUPERINTENDENT OF POLICE
          OFFICE OF THE SUPERINTENDENT OF POLICE,
          MALAPPURAM, PIN - 676505

    3     THE INSPECTOR OF POLICE
          CHANGARAMKULAM POLICE STATION,
          MALAPPURAM, PIN - 679575

    4     THE SUB INSPECTOR OF POLICE
          CHANGARAMKULAM POLICE STATION,
          MALAPPURAM, PIN - 679575

    5     DEPUTY SUPERINTENDENT OF POLICE
          DYSP OFFICE, TIRUR,
          MALAPPURAM, PIN - 676101
 W.P.(Crl.).No.553 of 2024

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              BY ADV.
              ASHI M.C,
              PUBLIC PROSECUTOR


       THIS     WRIT        PETITION   (CRIMINAL)   HAVING   COME   UP   FOR
ADMISSION ON 24.05.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 W.P.(Crl.).No.553 of 2024

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                        BECHU KURIAN THOMAS, J.
                       ---------------------------------------
                         W.P.(Crl.).No.553 of 2024
                       ---------------------------------------
                      Dated this the 24th day of May, 2024


                                   JUDGMENT

Petitioner seeks for a direction to conduct a proper investigation into Ext.P1 and to register a crime against respondents 3 and 4.

2. In Sakiri Vasu vs. State Of Uttar Pradesh and Others [(2008) 2 SCC 409], the Supreme Court had observed that High Courts must discourage petitions seeking registration of crime when such remedies are available before the court of first instance.

3. Having regard to the above, I am of the view that since the petitioner seeks for a direction to register the FIR and conduct a proper investigation, his remedy lies before the Jurisdictional Magistrate.

Accordingly, reserving the liberty of the petitioner to approach the Jurisdictional Magistrate, in accordance with law, this writ petition is disposed of.

Sd/-

BECHU KURIAN THOMAS JUDGE Jka/24.05.24.

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APPENDIX OF WP(CRL.) 553/2024 PETITIONER'S EXHIBITS Exhibit-P1 TRUE PHOTOCOPY OF THE COMPLAINT DATED 10.5.2024 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit-P2 TRUE PHOTOCOPY OF THE RECEIPT ISSUED FROM THE DISTRICT POLICE OFFICE, MALAPPURAM DATED 10.5.2024