[Cites 19, Cited by 0]
Kerala High Court
Annie Thomas John vs State Of Kerala on 3 February, 2026
Author: K. Babu
Bench: K. Babu
2026:KER:9247
W.P.(Crl)No.58 of 2026 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
TUESDAY, THE 3RD DAY OF FEBRUARY 2026 / 14TH MAGHA, 1947
WP(CRL.) NO. 58 OF 2026
PETITIONER/PETITIONER:
ANNIE THOMAS JOHN,
AGED 68 YEARS,
D/O GEORGE CHRISOSTOM, AGED 68 YEARS,
RESIDING AT KANDANTHOTTUKARA HOUSE,
GRACE ESTATE, AMARAMBALAM P.O.,
NILAMBUR, MALAPPURAM DISTRICT,
PIN - 679332
BY ADVS.
SHRI.ANSU VARGHESE
SHRI.RESTEM Y.R.
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
HOME DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 689001
2 DIRECTOR GENERAL OF POLICE,
STATE POLICE HEADQUARTERS, VELLAYAMBALAM,
CITY- THIRUVANANTHAPURAM, PIN - 695010
3 THE DISTRICT POLICE CHIEF,
OFFICE OF THE DISTRICT POLICE CHIEF,
MALAPPURAM DISTRICT, PIN - 676505
4 THE DEPUTY SUPERINTENDENT OF POLICE,
NILAMBUR SUB DIVISION, MALAPPURAM DISTRICT,
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W.P.(Crl)No.58 of 2026 2
PIN - 679329
5 THE STATION HOUSE OFFICER,
POOKKOTTUMPADAM POLICE STATION, MALAPPURAM
DISTRICT, PIN - 679332
BY ADV
SRI. E C BINEESH PP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 03.02.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(Crl)No.58 of 2026 3
K.BABU, J.
-------------------------------------------
W.P.(Crl) No.58 of 2026
---------------------------------------------
Dated this the 3rd day of February, 2026
JUDGMENT
The prayers in this Writ Petition filed under Article 226
of the Constitution of India are as follows:-
"i. Issue a writ in the nature of mandamus or any other
appropriate writ, order or direction, commanding the 5th
respondent to register a crime and conduct investigation
in the case;
ii. Issue a writ in the nature of mandamus or any other
appropriate writ, order or direction, commanding the 2 nd
respondent to initiate disciplinary proceedings against the
3rd, 4th and 5th respondent for the willful disobedience to
the judgment of the Hon'ble Supreme Court in Lalita
Kumari v. Government of Utter Pradesh, reported in
2014(2) SCC 1 within a time frame that may be fixed by
this Hon'ble Court;
iii. Issue any such other appropriate writ, order or
direction as this Hon'ble Court deems fit and proper
considering the circumstances of the case in the interest
of justice."
2. Heard the learned counsel for the petitioner and
the learned Public Prosecutor.
3. The petitioner filed a complaint against her
brother and two others alleging that they committed criminal
conspiracy, forgery etc., in the process of transferring a
vehicle which originally stood in the name of their father. The
Station House Officer, Pookkottumpadam Police Station,
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W.P.(Crl)No.58 of 2026 4
(respondent No.5), received a complaint on 08.10.2025, as
forwarded to him by the District Police Chief, Malappuram.
Respondent No.5 did not registered any FIR, as he found it
appropriate to conduct a preliminary enquiry in the matter.
4. The learned Public Prosecutor, upon instructions,
submitted that as part of the preliminary inquiry, the SHO
tried to contact the petitioner for recording her statement to
obtain more precised information regarding the allegations.
The learned Public Prosecutor further submitted that the
petitioner was not ready to give more precised information
necessary for registering a case. Therefore, no crime was
registered in the matter.
5. The petitioner seeks a direction to respondent
No.5 to register a crime and conduct investigation in the
matter. She is also seeking a direction to take disciplinary
action against respondent Nos. 3, 4 and 5.
6. If a petitioner has a grievance that the police is
not registering the FIR under Section 154 of Cr.P.C., then he
can approach the Superintendent of Police under Section 154
(3) of Cr.P.C. by an application in writing. Even that does not
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yield any result, it is open to the aggrieved person to file an
application under Section 156 (3) of Cr.P.C. before the
learned Magistrate concerned. In the present case, the
petitioner has alternate remedies available.
7. While dealing with a similar fact situations, this
Court in G. S. Sreekumar v. State of Kerala and Others
(2022 KHC 1013) held thus:-
15. Chapter XII of the Code of Criminal Procedure
prescribes the procedure to investigate cognizable
offences. Subsection (1) of Section 154 Cr.P.C. says that
every information relating to the commission of a
cognizable offence, if given orally to an officer in charge of
a police station, shall be reduced to writing by him or
under his direction, and be read over to the informant and
every such information, whether given in writing or
reduced to writing as aforesaid, shall be signed by the
person giving it, and the substance thereof shall be
entered in a book to be kept by such officer in such form
as the State Government may prescribe in this behalf.
Section 156 Cr.P.C. empowers the Police Officer to
investigate into cognizable offence on receipt of such
information and the same is reduced to writing. The
procedure for investigation is provided in Section 157
Cr.P.C. After conducting the investigation prescribed in the
manner envisaged in Chapter XII, charge sheet shall be
submitted to the Court having jurisdiction to take
cognizance of offence.
16. Section 173 Cr.P.C. envisages that as soon as every
investigation is completed the officer in charge of the
police station shall forward to a Magistrate empowered to
take cognizance of the offence on a police report in the
form prescribed by the State Government giving details
therein. Upon receipt of the report, the Court under
Section 190 is empowered to take cognizance of the
offence. Under Section 173(8), the investigating officer
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has the power to make further investigation into the
offence.
17. When the information is laid with the police but no
action on that behalf was taken, the complainant is given
power under Section 190 read with Section 200 of the
Code to lay the complaint before the Magistrate having
jurisdiction to take cognizance of the offence and the
Magistrate is required to inquire into the complaint as
provided in Chapter XV of the Code. In case the Magistrate
after recording evidence finds a prima facie case, instead
of issuing process to the accused, he is empowered to
direct the concerned police to investigate the offence
under Chapter XII of the Code and to submit a report. If he
finds that the complaint does not disclose any offence to
take further action, he is empowered to dismiss the
complaint under Section 203 of the Code. In case he finds
that the complaint/evidence recorded prima facie
discloses offence, he is empowered to take cognizance of
the offence and would issue process to the accused.
18. In Sakiri Vasu v. State of U.P. [(2008) 2 SCC 409]
the Apex Court held thus:-
"11. In this connection we would like to state that if a
person has a grievance that the police station is not
registering his FIR under Section 154 CrPC, then he can
approach the Superintendent of Police under Section
154(3) CrPC by an application in writing. Even if that
does not yield any satisfactory result in the sense that
either the FIR is still not registered, or that even after
registering it no proper investigation is held, it is open
to the aggrieved person to file an application under
Section 156(3) CrPC before the learned Magistrate
concerned. If such an application under Section 156(3)
is filed before the Magistrate, the Magistrate can direct
the FIR to be registered and also can direct a proper
investigation to be made, in a case where, according to
the aggrieved person, no proper investigation was
made. The Magistrate can also under the same
provision monitor the investigation to ensure a proper
investigation."
19. In Sakiri Vasu the Apex Court further held that if a
person has a grievance that his FIR has not been
registered by the Police, or having been registered, proper
investigation is not being done, then the remedy of the
aggrieved person is not to go to the High Court under
Article 226 of the Constitution of India but to approach the
Magistrate concerned under Section 156(3) Cr.P.C.
20. The Apex Court in All India Institute of
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Medical Sciences Employees' Union (Regd.) v. Union
of India; Gangadhar Janardan Mhatre v. State of
Maharashtra (supra); Minu Kumari v. State of Bihar
[(2006) 4 SCC 359], Hari Singh v. State of U.P. [(2006)
5 SCC 733], Divine Retreat Centre v. State of Kerala
and Others (supra), M.Subramaniam and Another v.
S.Janaki and Another [(2020) 16 SCC 728], Sudhir
Bhaskarrao Tambe v. Hemant Yashwant Dhage and
Others [(2016) 6 SCC 277], Fr.Sebastian
Vadakkumpadam v. Shine Varghese and Others; and
Michael Varghese v. Chief Minister of Kerala and
Others (supra) reiterated the principles discussed
above."
In the present case, the petitioner has rushed to the
High Court and filed this Writ Petition. She had not adopted
the procedure provided under the Code. The petitioner has
alternate remedies to redress her grievances. Therefore, she
is not entitled to the public law remedy under Article 226 of
the Constitution.
The Writ Petition stands dismissed.
Sd/-
K.BABU
JUDGE
VPK
2026:KER:9247
APPENDIX OF WP(CRL.) NO. 58 OF 2026
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE COMPLAINT FILED
BY THE PETITIONER BEFORE DISTRICT
POLICE CHIEF, MALAPPURAM ON
08.10.2025
Exhibit P2 THE TRUE COPY OF THE ACKNOWLEDGEMENT
RECEIVED ON COMPLAINT TO THE
PETITIONER ON 08.10.2025 FROM THE
OFFICE OF DISTRICT POLICE CHIEF,
MALAPPURAM
Exhibit P3 THE TRUE COPY OF THE COMPLAINT FILED
BY THE PETITIONER BEFORE DEPUTY
SUPERINTENDENT OF POLICE, NILAMBUR
SUB DIVISION, MALAPPURAM DISTRICT
Exhibit P4 THE TRUE COPY OF THE ACKNOWLEDGEMENT
RECEIVED ON COMPLAINT TO THE
PETITIONER ON 08.10.2025 FROM THE
OFFICE OF DEPUTY SUPERINTENDENT OF
POLICE, NILAMBUR SUB DIVISION,
MALAPPURAM DISTRICT
Exhibit P5 A TRUE COPY OF THE COMPLAINT FILED
THROUGH EMAIL DATED 12.11.2025 BEFORE
THE DIRECTOR GENERAL OF POLICE,
KERALA
Exhibit P6 THE TRUE COPY OF THE LETTER RECEIVED
BY THE PETITIONER ON 22.11.2025 FROM
THE OFFICE OF DEPUTY SUPERINTENDENT
OF POLICE, NILAMBUR SUB DIVISION,
MALAPPURAM DISTRICT
