James Bernard vs State Of Kerala
2022 Latest Caselaw 8780 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
         THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
 THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
                  WP(CRL.) NO. 487 OF 2022
PETITIONER/S:

          JAMES BERNARD
          AGED 59 YEARS
          S/O BERNARD, THALAMITTATH HOUSE, THAIKUDAM,
          UDHAYA ROAD, RIVER LINE, VYTILA - 682019.
          BY ADVS.
          MANSOOR ALI
          BIJITH S.KHAN

RESPONDENT/S:

    1     STATE OF KERALA
          REPRESENTED BY THE PRINCIPAL SECRETARY TO
          GOVERNMENT, HOME DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM- 695 001.
    2     THE STATE POLICE CHIEF
          POLICE HEAD QUARTERS, VAZHUTHACAUD,
          THIRUVANANTHAPURAM - 695 014.
    3     THE ASSISTANT COMMISSIONER
          ERNAKULAM, 28CW+957, THRIKKAKARA, KAKKANAD -
          682021.
    4     THE STATION HOUSE OFFICER
          MARADU POLICE STATION, PA ULLAHAN ROAD, NEAR
          GOVT. VHSS, MARADU, KOCHI, KERALA - 682304.
    5     SOUMYA BABY
          D/O BABY, KIZHAKKETHADATHIL, OTTATHI
          ARUVILANCHAL, KANTHIPPARA, UDUMBANCHOLA, IDUKKI
          - 685619.


          ADV PRASANTH,SR.PP


    THIS WRIT PETITION (CRIMINAL) HAVING COME UP
FOR ADMISSION ON 07.07.2022, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 WP(Crl) No. 487 of 2022

                                        -:     2     :-




                                      JUDGMENT

The prayer sought for by the petitioner is as follows:

"i) To call for the records leading to Ext.P1 and P2 from the Respondents

ii) To issue a writ of mandamus or any other appropriate writ, order or direction commanding the 4th Respondents to register FIR as per the Provisions of the Code of Criminal Procedure 1973 and the Kerala Police Act 2011 and to submit a Report before the Learned Magistrate for Extortion, forgery, cheating against the Accused/ 5th Respondent taking into consideration of Ext.P1 Complaint filed by the Petitioner within a stipulated time as directed by this Hon'ble Court.

iii) To declare that the Petitioner is entitled to get register the FIR as per the Provisions of the Code of Criminal Procedure 1973 and the Kerala Police Act 2011 for criminal conspiracy, forgery, misappropriation and cheating against the Accused/5th respondent taking into consideration of Ext.P1 complaint filed by the Petitioner.

(iv) To issue such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case."

2. The grievances of the petitioner is that, he submitted

a complaint against the 5th respondent, before the 4th

respondent, and no action is taken on the same. The basic WP(Crl) No. 487 of 2022

-: 3 :-

prayer which he seeks is to register an FIR under the provisions

of Cr.P.C.

3. In M.Subramaniam and Another v. S.Janaki and

Another [2020 (16) SCC 728], it was held by the Hon'ble

Supreme Court that, in case of non-registration of FIR, the

remedy available to the complainant is to submit a private

complaint before the appropriate Court and a writ petition

under Article 226 of Constitution of India is not maintainable

for the said relief.

In the light of the principles laid down by the Hon'ble

Supreme Court, I do not deem it necessary to entertain this

writ petition. In such circumstances, this writ petition is closed,

leaving open the remedy of the petitioner in file private

complaint before the jurisdictional Court.

Sd/-

ZIYAD RAHMAN A.A JUDGE rpk WP(Crl) No. 487 of 2022

-: 4 :-

APPENDIX OF WP(CRL.) 487/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE COMPLAINT DATED 31.03.2022 FILED BEFORE 4TH RESPONDENT AND ITS RECEIPT.

Exhibit P2 THE TRUE COPY OF THE COMPLAINT FILED BEFORE 3RD RESPONDENT AND ITS RECEIPT DATED 28/04/2022.