Kerala Court January 2008 Judgments

John C.V. Alias John Peruvanthanam Vs. State of Kerala and ors.

Court: Kerala

Reported in: 2008CriLJ1305

ORDERV. Ramkumar, J.1. Whether a writ in the nature of mandamus or an appropriate direction under Article 226 of the Constitution of India can be issued by the High Court against the officer in-charge of a police station who refuses to register a crime on receipt of a written complaint alleging the commission of cognizable offences?This is the interesting question which crops up for consideration in this Writ Petition filed under Article 226 of the Constitution of India. Incidentally a further question arises as to whether this Court, following the verdict of the Apex Court in Pepsi Food's Case : 1998CriLJ1 can treat the Writ Petition as one filed under Section 482, Cr. P. C. and direct the Station House Officer to register a crime.THE COMPLAINT2. A resume of Ext. P1 complaint sent by the petitioner herein through speed post simultaneously to the Director General of Police, Commissioner of Police, Thiruva-nanthapuram City and Sub-Inspector of Police, Cantonment, Thiruvananthapuram is a...