Kerala High Court
Rafeek N R vs State Of Kerala on 3 September, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
WP(CRL.) NO. 960 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946
WP(CRL.) NO. 960 OF 2024
PETITIONER:
RAFEEK N R
AGED 38 YEARS
S/O ABOOBACKER, NADUVILAPPATTU RAMATTU, ANDATHODE,
PUNNAYURKULAM, THRISSUR DISTRICT, PIN - 679564
BY ADVS.
K.R.RAJKUMAR
JAGADEESH LAKSHMAN
R.K.RAKESH
NANDANA BABU T.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, DEPARTMENT OF HOME,
SECRETARIATE, THIRUVANANTHAPURAM, PIN - 695001
2 THE STATION HOUSE OFFICER
VADAKKEKAD POLICE STATION, VADAKKEKAD P.O., THRISSUR
DISTRICT, PIN - 679562
3 THE STATION HOUSE OFFICER
PERUMPADAPPU POLICE STATION, PERUMPADAPPU POST,
MALAPPURAM DISTRICT, PIN - 679580
4 THE DISTRICT POLICE CHIEF /SUPERINTENDENT OF POLICE
THRISSUR, CIVIL STATION BUILDING, AYYANTHOLE, THRISSUR,
PIN - 680003
5 SRI. MUNIR C K
S/O KUNJIMON, CHAKKOLAYIL HOUSE, EDAKKAZHIYUR,
CHAVAKKAD VILLAGE, THRISSUR DISTRICT, PIN - 680515
WP(CRL.) NO. 960 OF 2024
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OTHER PRESENT:
SMT. SREEJA V (PP)
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
03.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(CRL.) NO. 960 OF 2024
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BECHU KURIAN THOMAS, J.
---------------------------------------------
WP(CRL.) NO. 960 OF 2024
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Dated this the 3rd day of September, 2024
JUDGMENT
The petitioner alleges that his vehicle has been stolen by the 5 th
respondent who has taken it to Tamil Nadu to transport chicken.
Petitioner also alleges that despite complaints filed on 26.07.2024 and
17.08.2024, no crime has been registered and that the vehicle itself will
be lost forever. He seeks directions to register an FIR.
2. In the decision in Sakiri Vasu vs State of UP [2008 (2) SCC
409], Supreme Court has observed that the High Court must discourage
petitions seeking directions for registration of crimes or for other
matter relating to investigation.
3. In the instant case, it is evident that despite two complaints
filed by him, the police has not registered any crime. In such
circumstances, the remedy of the petitioner is before the jurisdictional
court of first instance. It is not proper in a case of this nature for this
court to issue any directions.
Accordingly, reserving the liberty of the petitioner to initiate
appropriate proceedings before the jurisdictional Magistrate in
accordance with law, this writ petition is dismissed.
sd/-
BECHU KURIAN THOMAS
JUDGE
Nsd
WP(CRL.) NO. 960 OF 2024
2024:KER:71682
APPENDIX OF WP(CRL.) 960/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE REGISTRATION CERTIFICATE
ISSUED BY THE RTO, GURUVAYUR FOR THE VEHICLE
NO. KL-46-Q-9245 TO THE PETITIONER DATED 26-
09-2017
Exhibit P2 THE TRUE COPY OF THE INSURANCE CERTIFICATE
WITH POLICY NO. P0025200006/4103/103859
ISSUED BY THE MAGMA HDI GENERAL INSURANCE
COMPANY LTD. TO THE PETITIONER DATED 25-07-
Exhibit P3 THE TRUE COPY OF THE COMPLAINT FILED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT DATED
06-08-2024
Exhibit P4 THE TRUE COPY OF THE RECEIPT NO. 15290059-
2024-5-00267 ISSUED BY THE 2ND RESPONDENT TO
THE PETITIONER DATED 07-08-2024
Exhibit P5 THE TRUE COPY OF THE COMPLAINT FILED BY MR.
SHAMSUDHEEN BEFORE THE 3RD RESPONDENT DATED
07-08-2024
Exhibit P6 THE TRUE COPY OF THE RECEIPT NO. 15295001-
2024-00366 ISSUED BY THE 3RD RESPONDENT TO
MR. SHAMSUDHEEN DATED 07-08-2024
Exhibit P7 THE TRUE COPY OF THE COMPLAINT FILED BY THE
PETITIONER BEFORE THE 4TH RESPONDENT DATED
17-08-2024
