Kerala High Court
Saji vs State Of Kerala on 24 October, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:79136
WP(CRL.) NO. 1142 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 24TH DAY OF OCTOBER 2024 / 2ND KARTHIKA, 1946
WP(CRL.) NO. 1142 OF 2024
PETITIONER :
SAJI, AGED 54 YEARS
S/O. LATE PAPPAN,
PERISSERY PUTHUVALILCHIRA HOUSE,
(ALSO KNOWN AS EDASSERIL THYPARAMBIL HOUSE)
PERISSERY MURI AND POST, PULIYOOR VILLAGE,
CHENGANNUR TALUK,
ALAPPUZHA DISTRICT, PIN - 689 126.
BY ADV P.KURUVILLA JACOB
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY,
DEPARTMENT OF HOME AFFAIRS, SECRETARIAT,
THIRUVANATHAPURAM, PIN - 695 001.
2 THE DEPUTY SUPERINTENDENT OF POLICE AT CHENGANNUR
CHENGANNUR PO,
ALAPPUZHA DISTRICT, PIN - 688 001.
3 THE DISTRICT POLICE CHIEF
ALAPPUZHA DISTRICT,
ALAPPUZHA P O, PIN - 688 001.
4 THE DIRECTOR GENERAL OF POLICE
POLICE HEADQUARTERS,
THIRUVANATHAPURAM, PIN - 695 001.
SRI. C.N. PRABHAKARAN (PP)
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
24.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:79136
WP(CRL.) NO. 1142 OF 2024
2
BECHU KURIAN THOMAS, J
......................................................
W.P.(Crl.) No.1142 of 2024
...................................................
Dated this the 24th day of October, 2024
JUDGMENT
Petitioner seeks for a direction to the third respondent to take necessary
action upon Ext.P5 complaint and entrust the investigation to a Senior
Police Officer other than the second respondent, after registering the first
information report.
2. I have heard Sri.P.Kuruvilla Jacob, the learned counsel for the petitioner
as well as Sri.C.N.Prabhakaran, the learned Public Prosecutor.
3. The relief sought for by the petitioner is in effect a direction for
registration of first information report and to conduct an investigation by
any officer other than the second respondent.
4. The Supreme Court has in Sakiri Vasu v. State of Uttar Pradesh and
Others (2008) 2 SCC 409, categorically observed that High Courts must
discourage petitions seeking directions to register a crime or for
directions regarding investigation, as such remedies are available before
the courts of first instance.
2024:KER:79136
WP(CRL.) NO. 1142 OF 2024
5. Since the petitioner seeks for a direction to register an FIR, it is only
appropriate that he approaches the Jurisdictional Magistrate in
accordance with law. Ordered accordingly.
6. If any petition is filed by the petitioner before the appropriate court of
first instance necessarily, the said court shall consider the same and pass
orders in accordance with law.
With the above observation, this writ petition is disposed of.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/24/10/2024
2024:KER:79136
WP(CRL.) NO. 1142 OF 2024
APPENDIX OF WP(CRL.) 1142/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT DATED
21.06.24 ISSUED TO PETITIONER FROM THE
VILLAGE OFFICE, PULIVOOR
EXHIBIT P2 TRUE RECENT PHOTOGRAPH OF THE RELEVANT SITE,
INDICATING THE WASTE AND DAMAGE CAUSED TO
PETITIONER'S PROPERTY
EXHIBIT P3 TRUE RECENT PHOTOGRAPH OF THE RELEVANT SITE,
INDICATING THE WASTE AND DAMAGE CAUSED TO
PETITIONER'S PROPERTY
EXHIBIT P4 TRUE COPY OF PETITIONER'S COMPLAINT DATED
03.10.24 FORWARDED TO THE HON'BLE CHIEF
MINISTER WITH ITS COPY TO 2ND RESPONDENT AND
TO OTHER HIGHER AUTHORITIES
EXHIBIT P5 TRUE COPY OF PETITIONER'S COMPLAINT DATED
17.10.24 FORWARDED TO 3RD RESPONDENT BY E-
MAIL AND BY SPEED-POST
EXHIBIT P5(A) TRUE PHOTOSTAT COPY OF THE POSTAL RECEIPT
DATED 17.10.24 ISSUED TO PETITIONER WHILE
SENDING EXT-P5 COMPLAINT TO 3RD RESPONDENT
