ASHOK KUMAR K.A. Vs. STATE OF KERALA

JUDGEMENT

(1.) On 02.02.2018 at about 8.45 in the morning, Arjun K.A., son of the petitioner, was going along Kuttippuram - Edappal public road riding a motor cycle when he was knocked down by another vehicle. He lost his life. A KSRTC bus was coming from the opposite direction at the relevant time. On the information given by the seventh respondent, who was the driver of the KSRTC bus, Crime No. 3 of 2018 of Changaramkulam Police Station was registered for the offence under Section 279 of the Indian Penal Code. The seventh respondent stated to the police that the motor cycle of the petitioner's son hit the KSRTC bus because he was driving it in a rash or negligent manner. The petitioner's case is that it was due to the negligence of the seventh respondent the accident happened. He submitted representation before the State Police Chief, Malappuram alleging that it was the negligence of the seventh respondent which caused the accident. The prayers in this Writ Petition are to direct the third respondent - Superintendent of Police - to register a case on the basis of Ext.P7 and to entrust the investigation to a special investigation team or Crime Branch.

(2.) Heard the learned counsel for the petitioner and the learned Public Prosecutor.

(3.) It is settled law that this Court cannot order registration of a case if the police fail to register a case though information about commission of a cognizable offence is given to the police. The remedy of the informant is to file a complaint before the magistrate. So, the first prayer of the petitioner cannot be granted.