Santhosh Kumar T vs The State Police Chief
2023 Latest Caselaw 8654 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
 WEDNESDAY, THE 9TH DAY OF AUGUST 2023 / 18TH SRAVANA, 1945
                   WP(CRL.) NO. 492 OF 2023


PETITIONER:

          SANTHOSH KUMAR T
          AGED 48 YEARS
          S/O. THANKAPPAN,
          S.K. BHAVAN, THERIYILMELE, MANGALATHUKONAM
          KATTACHALKUZHY P.O., BALARAMAPURAM,
          THIRUVANANTHAPURAM DISTRICT, PIN - 695501

          BY ADV LATHEESH SEBASTIAN


RESPONDENTS:

    1     THE STATE POLICE CHIEF,
          POLICE HEADQUARTERS,
          VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695001

    2     THE COMMISSIONER OF POLICE
          OFFICE OF THE COMMISSIONER OF POLICE,
          THIRUVANANTHAPURAM CITY POLICE,
          THIRUVANANTHAPURAM, PIN - 695001

    3     THE STATION HOUSE OFFICER
          POOJAPPURA POLICE STATION,
          THIRUVANANTHAPURAM DISTRICT, PIN - 695012

    4     VIDYA V.G
          PAPPARA PUTHENVEEDU,
          ALAVACODE, PAZHAYAKUNNUMMAL,
          THATTATHUMALA P.O., KILIMANOOR,
          THIRUVANANTHAPURAM, PIN - 695614
 W.P.(Crl).No.492 of 2023

                                       -:2:-


      5       GEETHA GOPINATHAN @ AMBIKA
              HOUSE NO. 450, VIVEKANANDA NAGAR,
              ANIZHAM, MALAYINKEEZHU,
              THIRUVANANTHAPURAM, PIN - 695571

              BY ADV
              NOUSHAD.K.A
              PUBLIC PROSECUTOR


       THIS    WRIT        PETITION   (CRIMINAL)   HAVING   COME   UP   FOR
ADMISSION ON 09.08.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 W.P.(Crl).No.492 of 2023

                                     -:3:-




                       BECHU KURIAN THOMAS, J.
                       ===================
                         W.P.(Crl).No.492 of 2023
                       ===================
                      Dated this 9th day of August, 2023


                                 JUDGMENT

Petitioner is aggrieved by the inaction of the Police to initiate

action pursuant to Ext.P2 complaint.

2. The learned Public Prosecutor, upon instructions submitted

that, Crime No.783/2023 was registered against the petitioner before

the Poojapura Police Station, and Exts. P1 and P2 complaints were filed,

anticipating registration of the crime as a counterblast.

3. On a perusal of Ext.P2 and on perusal of the pleadings in this

writ petition, it noticed that, the grievance of the petitioner is that,

despite a complaint filed by him before the Police, no crime has been

registered. In Sakiri Vasu vs. State of Uttar Pradesh and Others

[(2008) 2 SCC 409], Supreme Court had observed that, High Courts

must discourage petitions seeking directions for registration of F.I.Rs

when such remedies are available before the Jurisdictional Court of first

instance.

4. Considering the aforesaid circumstances, in the event of any

grievance on the part of the petitioner regarding non registration of a W.P.(Crl).No.492 of 2023

crime pursuant to his complaint, the remedy lies before the court of

first instance as per the provisions of the Code of Criminal Procedure,

1973.

Therefore, reserving the liberty of the petitioner to approach the

Jurisdictional Court of first instance in the event if any subsisting

grievance, this writ petition is dismissed.

Sd/-

BECHU KURIAN THOMAS JUDGE Jka/09.08.23.

 W.P.(Crl).No.492 of 2023





                      APPENDIX OF WP(CRL.) 492/2023


PETITIONER EXHIBITS

ExhibitP1                  TRUE COPY OF THE COMPLAINT OF      THE
                           PETITIONER  SUBMITTED   TO  THE    3RD
                           RESPONDENT  BY   REGISTERED POST    ON
                           20.03.2023.

ExhibitP1(a)               TRUE COPY OF THE POSTAL ACKNOWLEDGMENT
                           CARD RECEIVED BY THE PETITIONER.

ExhibitP2                  TRUE COPY OF THE COMPLAINT OF      THE
                           PETITIONER   SUBMITTED    TO THE   2ND
                           RESPONDENT ON 21.03.2023.

ExhibitP2(a)               TRUE COPY OF THE POSTAL ACKNOWLEDGMENT
                           CARD RECEIVED BY THE PETITIONER