Relief under Article 226 is not appropriate when alternate remedies exist under Sections 154(3) and 156(3) of the Cr.P.C.

THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 10.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT Dated this the 10^th day of February, 2026 The prayer in this Writ Petition filed under Article 226 of the Constitution of India are as follows:-

I. Issue a writ of mandamus or any other appropriate writ, order or direction to direct the 3rd respondent/SHO Ochira Police Station to register an F.I.R in connection with the death of the petitioner’s husband;

II. Dispense with the filing of the English translation of the vernacular documents, as the petitioner undertakes to produce the same as and when directed by this Honourable Court.”

2.The petitioner is the wife of the deceased, who died in a motor accident that occurred on 20.06.2025 at 7:50 PM, within the territorial limits of Ochira Police Station. The grievance of the petitioner is that no FIR has been registered on the basis of her complaint.

3.The learned Public Prosecutor, upon instructions, submitted that in the motor accident, Ochira Police registered FIR No.1274/2025 alleging offences punishable under Sections 281,125(a) 125(b) of the BNS. It is further submitted that the investigation is in progress.

4.The learned Public Prosecutor submitted that the husband of the petitioner was originally arrayed as an accused in the FIR and he died five days after the incident. The learned Public Prosecutor further submitted that the investigation in the matter is being conducted by the Station House Officer of Ochira Police Station in a fair manner.

5.If the petitioner has a grievance that the police have not registered an FIR on the basis of her complaint, she can approach the Superintendent of Police by submitting a written application, and even if that does not yield any result, it is open to her to file an application seeking investigation under Section 156 (3) Cr.P.C before the jurisdictional Magistrate. The petitioner has an alternate remedy.

6.This issue was considered by this Court in G. S. Sreekumar v. State of Kerala and Others ( 2022 KHC 1013 ). This court held thus:-

15. Chapter XII of the Code of Criminal Procedure prescribes the procedure to investigate cognizable offences. Subsection (1) of Section 154 Cr.P.C. says that every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf. Section 156 Cr.P.C. empowers the Police Officer to investigate into cognizable offence on receipt of such information and the same is reduced to writing. The procedure for investigation is provided in Section 157 Cr.P.C. After conducting the investigation prescribed in the manner envisaged in Chapter XII, charge sheet shall be submitted to the Court having jurisdiction to take cognizance of offence.

16. Section 173 Cr.P.C. envisages that as soon as every investigation is completed the officer in charge of the police station shall forward to a Magistrate empowered to take cognizance of the offence on a police report in the form prescribed by the State Government giving details therein. Upon receipt of the report, the Court under Section 190 is empowered to take cognizance of the offence. Under Section 173 (8), the investigating officer has the power to make further investigation into the offence. 17. When the information is laid with the police but no action o