Whether a writ in the nature of mandamus or an appropriate direction under Art.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 Art.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 (AIR 1998 SC 128) can treat the Writ Petition as one filed under Sec.482 Cr.P.C. and direct the Station House Officer to register a crime.

THE COMPLAINT

2. A resume of Ext.P1 complaint sent by the petitioner herein through speed post simultaneously to the Director General of Police, Commissioner of Police, Thiruvananthapuram City and Sub Inspector of Police, Cantonment, Thiruvananthapuram is as follows:-

268.872 hectares (664.38 acres) of land called the Merchiston Estate comprised in various survey numbers of Thennoor Village in Ponmudi area which originally belonged to the Birla Group was purchased by one Sev