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Judgment
Hon''ble Shri Justice Sujoy Paul
In this petition filed under Article 226 of the Constitution, the grievance of the petitioner is that he preferred a police complaint (Annexure P-5) before respondent No. 3, but no action has been taken nor FIR is registered. It is stated that the intimation of submission of the said complaint was given to the respondent No. 2, but to no avail. Learned counsel for the petitioner submits that respondents are duty bound to register the FIR. I have heard the learned counsel for the petitioner and perused the record.
The question involved in this matter is already decided by Supreme Court in Divine Retreat Centre Vs. State of Kerala and Others, In the said judgment, the Apex Court held as under:-
Even in cases where no action is taken by the police on the information given to it, the informant''s remedy lies under Sections 190 and 200 Cr.P.C., but a writ petition in such a case is not to be entertained.
In the light of the aforesaid principle of law laid down, no interference is warranted by this Court. Petitioner has a remedy under the Code of Criminal Procedure and writ petition is not entertainable. It is accordingly dismissed with the liberty to the petitioner to avail the said remedy. However, it is made clear that this Court has not expressed any opinion on the merits of the case.