WP(C) No. 1619 of 2009 · Kerala High Court
Case at a glance
- Decided
- 15 Jan 2009
- Bench
- R BASANT
Outcome
Dismissed
In the result:(a) This writ petition is dismissed
Provisions considered
- Code of Criminal Procedure, 1973 ss. 156(3), 482
Key paragraphs
- Para 33. In the result: (a) This writ petition is dismissed. (b) But I may hasten to observe that the dismissal of this writ petition will not in any way fetter the right of the petitioner to move the learned Magistrate with appropriate application under Sec.156(3)…
Judgment
R. BASANT, J.-------------------------------------------------W.P.(c) No. 1619 of 2009-P------------------------------------------------- Dated this the 15th day of January, 2009JUDGMENT The petitioner has come to this Court with a grievance that the complaint filed by him before the police alleging commission of a crime against him has not been acted upon or any action taken by the police officials.
I am afraid, the grievance of the petitioner cannot be entertained by this Court at the present juncture. After the decision in Sakiri Vasu v. State of U.P. (2008 (1) KLT 724(SC)) which has been followed by this Court in John v. Stateof Kerala (2008 (1) KLT 462), it is now trite that a person with the grievance that no crime has been registered cannot rush to this Court with applications under Art.226 of the Constitution or Sec.482 Cr.P.C. directly without and before exhausting the equally efficacious alternative remedy available W.P.(c) No. 1619 of 2009-P -: 2 :-to him under Sec.156(3) Cr.P.C. The petitioner has not chosen to invoke that jurisdiction of the learned Magistrate under Sec.156(3) Cr.P.C. No satisfactory reasons are shown to exist asto why this writ petition should be entertained notwithstanding the dictum in the cases referred above. I am of opinion that the petitioner must be relegated to seek his remedy under Sec.156(3) Cr.P.C. before the learned Magistrate.
Operative part
In the result:
(a) This writ petition is dismissed.
(b) But I may hasten to observe that the dismissal of this writ petition will not in any way fetter the right of the petitioner to move the learned Magistrate with appropriate application under Sec.156(3) Cr.P.C. or the option of the petitioner to come before this Court if his grievance remains without redressal after so approaching the learned Magistrate. Sd/- (R. BASANT, JUDGE)Nan///true copy//P.S. to Judge W.P.
(c) No. 1619 of 2009-P -: 3 :-
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In the result:(a) This writ petition is dismissed
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — ss. 156(3), 482.
Which court decided this case, and when?
Kerala High Court, on 15 Jan 2009. The bench was R BASANT.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.