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2026 Supreme(Online)(Ker) 18665
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
SHASHIKALA JAYAKUMAR – Appellant
Versus
THE STATE POLICE CHIEF – Respondent
WP(CRL.) NO. 304 OF 2026
For the Appellants/Petitioners: SRI.C.K.MOHANAN
For the Respondents: PP. SMT. C.SEENA
The court emphasized the necessity for legitimate grounds before police registration of a crime based on complaints submitted, allowing for further recourse to a Magistrate if dissatisfied.
Headnote:In this case, entertaining a writ petition under Article 226 of the Constitution of India, the court considered the allegations made by the petitioner regarding non-registration of FIR by the police concerning complaints filed. The court found that based on information from the Public Prosecutor, the complaints were deemed false and hence no crime was registered against the petitioner. The court also acknowledged that an inquiry had led to the registration of a case against the petitioner and her husband instead. The court ultimately ruled for the closing of the writ petition while granting the petitioner the liberty to approach a Magistrate for further grievances.
| Table of Content |
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| 1. court's decision on complaint handling and police action. (Para 1 , 2) |
JUDGMENT
Dated this the 13th day of March, 2026 This WP(Crl) was filed this under Article 226 of the Constitution of India , alleging that though Exts.P2 & P3 complaints were given to respondents 4 to 6, no case was registered and therefore she prayed for giving a direction to the 3rd respondent to register a crime and investigate the same.
2. The learned Public Prosecutor upon instructions from the SHO Kakkur police station submitted that on enquiry it was found that both the petitions are false and accordingly no crime was registered on the basis of Exts.P2 & P3. At the same time, crime was registered against the petitioner herein and her husband.
In the light of the above submission, this WP(Crl) is closed with liberty to the petitioner to approach the learned Magistrate, if there is any further grievance.
Sd/-
