[Cites 18, Cited by 0]
Kerala High Court
Anitha S K vs State Of Kerala on 10 February, 2026
Author: K. Babu
Bench: K. Babu
2026:KER:12079
WP(CRL.) NO. 1349 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
TUESDAY, THE 10TH DAY OF FEBRUARY 2026 / 21ST MAGHA, 1947
WP(CRL.) NO. 1349 OF 2025
PETITIONER/S:
ANITHA S K
AGED 27 YEARS
W/O LATE SREEJITH, KARIKKATHARAYIL, CHENNITHALA
SOUTH POST, MAVELIKKARA, ALAPPUZHA DISTRICT, PIN -
690105
BY ADVS.
SHRI.AJIT G ANJARLEKAR
SRI.G.P.SHINOD
SRI.GOVIND PADMANAABHAN
SHRI.ATUL MATHEWS
SMT.GAYATHRI S.B.
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS PUBLIC PROSECUTOR AT THE HIGH
COURT OF KERALA, ERNAKULAM, PIN - 682031
2 THE CITY POLICE COMMISSIONER
OFFICE OF THE CITY POLICE COMMISSIONER, MUNDAKKAL,
KOLLAM, PIN - 691001
3 THE STATION HOUSE OFFICER
OFFICE OF THE STATION HOUSE OFFICER, OCHIRA POLICE
STATION, VARKALA POST, THIRUVANANTHAPURAM DISTRICT,
PIN - 690526
4 AKHIL
AGED 26 YEARS
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WP(CRL.) NO. 1349 OF 2025
2
POOMUKHATH, AZHEEKKAL, ALAPPAD, KOLLAM CITY, PIN -
690573
BY ADVS.
PUBLIC PROSECUTOR
DIRECTOR GENERAL OF PROSECUTION
P.NARAYANAN, SPL. G.P. TO DGP AND ADDL. P.P.
SHRI.SAJJU.S., SENIOR G.P.
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 10.02.2026, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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WP(CRL.) NO. 1349 OF 2025
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JUDGMENT
Dated this the 10th day of February, 2026
The prayer in this Writ Petition filed under Article 226 of
the Constitution of India are as follows:-
I. Issue a writ of mandamus or any other
appropriate writ, order or direction to direct the
3rd respondent/SHO Ochira Police Station to
register an F.I.R in connection with the death of
the petitioner's husband;
II. Dispense with the filing of the English
translation of the vernacular documents, as the
petitioner undertakes to produce the same as and
when directed by this Honourable Court."
2.The petitioner is the wife of the deceased, who died
in a motor accident that occurred on 20.06.2025 at 7:50 PM,
within the territorial limits of Ochira Police Station. The
grievance of the petitioner is that no FIR has been registered
on the basis of her complaint.
3.The learned Public Prosecutor, upon instructions,
submitted that in the motor accident, Ochira Police
registered FIR No.1274/2025 alleging offences punishable
under Sections 281,125(a) 125(b) of the BNS. It is further
submitted that the investigation is in progress.
4.The learned Public Prosecutor submitted that the
husband of the petitioner was originally arrayed as an
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accused in the FIR and he died five days after the incident.
The learned Public Prosecutor further submitted that the
investigation in the matter is being conducted by the Station
House Officer of Ochira Police Station in a fair manner.
5.If the petitioner has a grievance that the p olice have
not registered an FIR on the basis of her complaint, she can
approach the Superintendent of Police by submitting a written
application, and even if that does not yield any result, it is open to
her to file an application seeking investigation under Section 156
(3) Cr.P.C before the jurisdictional Magistrate. The petitioner has
an alternate remedy.
6.This issue was considered by this Court in G. S.
Sreekumar v. State of Kerala and Others (2022 KHC 1013). This
court 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
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WP(CRL.) NO. 1349 OF 2025
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 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
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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
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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
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."
7.Therefore, the petitioner is not entitled to the reliefs
prayed for in this writ petition.
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8.The learned counsel for the petitioner submitted that
the petitioner apprehends that the Investigating Officer has not
considered her grievance that the rider of motor bike which hit
against the vehicle driven by her husband rode the vehicle in a
rash and negligent manner.
9.Having regard to the grievance of the petitioner, there
will be a direction to the Deputy Superintendent of Police,
Karunagappally, to monitor the investigation. The petitioner is at
liberty to address her grievance to the Deputy Superintendent of
Police concerned.
The writ petition is disposed of as above.
Sd/-
K. BABU
JUDGE
SJ
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APPENDIX OF WP(CRL.) NO. 1349 OF 2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE ACCIDENT REGISTER CUM
WOUND CERTIFICATE DATED 20/06/2025 ISSUED
BY PARABRAHMA SPECIALTY HOSPITAL AND
RESEARCH CENTRE, OCHIRA.
Exhibit P2 A TRUE COPY OF THE POLICE INTIMATION
REGARDING MEDICO LEGAL CASES DATED
20/06/2025.
Exhibit P3 A TRUE COPY OF THE F.I.R DATED 21/06/2025
IN CRIME NO: 1274 OF 2025 OF OCHIRA
POLICE STATION.
Exhibit P4 A TRUE COPY OF THE POST MORTEM
CERTIFICATE DATED 26/06/2025 ISSUED BY
GOVERNMENT MEDICAL COLLEGE, KOTTAYAM
Exhibit P5 A TRUE COPY OF THE COMPLAINT DATED
14/07/2025 PREFERRED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT.
Exhibit P6 A TRUE COPY OF THE COMPLAINT DATED
16/07/2025 SUBMITTED BY THE PETITIONER'S
IN-LAWS BEFORE THE 3RD RESPONDENT
Exhibit P7 A TRUE COPY OF THE COMPLAINT DATED
19/08/2025 PREFERRED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT
