The Court dismissed a writ petition seeking direction to register an FIR, relying on a recent Supreme Court pronouncement that bars writ jurisdiction for such relief and directing the petitioner to approach the Magistrate or superior police officer.
Petitioner left to alternative remedies under Sections 154(3), 156(3) and 190 r/w 200 Cr.P.C.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR
WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929
Crl.MC.No. 1768 of 2006()
PETITIONER:
SAJAN M.V., S/O. LATE M.P.VARGHESE, MAZHUVANCHERRY HOUSE, THOPPUMPADY P.O., KOCHI-682 005.
BY ADV. SRI.S.RAJEEV
RESPONDENTS:
BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 09/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR , J.
========================== CRL.M.C. No. 1768 of 2006
========================== Dated this the 9th day of January, 2008.
ORDER
The short grievance of the petitioner is that on a complaint filed by him before the 1st respondent , Sub Inspector of Police, Thoppumpady alleging commission of cognizable offences no F.I.R. has been registered or any investigation commenced. He, therefore, seeks a writ of mandamus or appropriate direction against the 1st respondent and the others. In the light of the recent pronouncement of the Supreme Court in Sakiri Vasu v. State of U.P and others ( 2007(13) SCALE 693), a writ petition for the aforesaid relief cannot be entertained. The remedy of the petitioner is either to move the superior officer under Section 154 (3) Cr.P.C or to move the Magistrate under Section 156(3) Cr.P.C or under Section 190 r/w Section 200 Cr.P.C. Hence, leaving the petitioner to any of the alternative remedies available to him in law, this writ petition is dismissed.
V. RAMKUMAR, JUDGE.
rv
1 issue framed by the court
Whether a writ petition can be entertained to direct registration of FIR when Supreme Court pronouncements bar such civilian jurisdiction in criminal matters.
Colour shows how this judgement treated each authority
Sakiri Vasu v. State of U.P and othersReferred¶21
Sakiri Vasu v. State of U.P and others ( 2007(13) SCALE 693)
3 provisions across 1 enactments
SAJAN M.V.
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA
CITY POLICE COMMISSIONER KOCHI
DIRECTOR GENERAL OF POLICE
V. RAMKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
V. RAMKUMAR
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