K. JAYAN, COMMERCIAL TAX OFFICER v. DEPUTY SUPERINTENDENT OF POLICE
2011-04-26
THOMAS P.JOSEPH
body2011
DigiLaw.ai
JUDGMENT Prayer in this petition is for a direction to consider Ext. P2 on merit expeditiously and take further action against the third respondent including registration of a crime. It is alleged that the third respondent preferred a complaint (copy of which is Ext. P1) to the Chairman, Kerala Public Service Commission making certain allegations against petitioner. Thereon, petitioner preferred Ext. P2, complaint before the first respondent. But, based on Ext. P2, no action has been taken. Learned counsel submitted that first respondent was bound to register a case pursuant to Ext. P2. The Supreme Court in Aleque Padamsee and Others v. Union of India and Others [ (2007) 6 SCC 171 ] has held that in cases where the Police does not register a case, the party cannot approach the High Court invoking jurisdiction under Article 226 of the Constitution of India to direct the police to register a case. Proper remedy available to the party aggrieved is to approach the Magistrate with appropriate complaint. The Magistrate may either proceed under Section 156(3) or Section 200 of the Code of Criminal Procedure. In the circumstances, the appropriate remedy available to the petitioner is to approach the Magistrate as provided under law and seek appropriate relief. With the above observation this Writ Petition is closed.