IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 6197 of 2008(K)
1. BEENA KURIAN, AGED 35 YEARS,
... Petitioner
Vs
1. THE SUB INSPECTOR OF POLICE,
... Respondent
2. THE STATION HOUSE OFFICER,
3. THE SUPERINTENDENT OF POLICE, KOTTAYAM.
4. KURIAN P. @ ROY,
5. THE PASSPORT OFFICER,
For Petitioner :SMTMIJI JOHN
For Respondent :SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR
The Hon'ble MR. Justice R.BASANT
Dated :22/02/2008
O R D E R
R. BASANT, J.
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W.P.(C) No. 6197 OF 2008 K
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Dated this the 22nd day of February, 2008
J U D G M E N T
The petitioner is the de facto complainant in crime
No.45/08 of Pambady police station, Kottayam. The
grievance of the petitioner is that no proper investigation is
being conducted into that crime. The delay is likely to prove
fatal to the petitioner’s cause. In these circumstances, it is
prayed that the jurisdiction under Article 226 may be invoked
and appropriate directions for expeditious investigation to the
police may be issued.
2. The learned counsel for the petitioner was
requested to explain how in the light of the decision in Sakri
Vasu Vs. State of U.P. [ 2008 AIR SCW 309] the petitioner
can approach this Court for issue of direction under Article
226 of the Constitution. He has not approached the learned
Magistrate for issue of any directions. No satisfactory
explanation is offered. I am satisfied that the petitioner must
approach the learned Magistrate and seek appropriate
WPC.6197/08
: 2 :
direction under section 156(3) Cr.P.C. The Supreme Court
has specifically and definitely wanted that the High Courts
should not encourage persons rushing to this Court with
petitions under section 482 Cr.p.C. and Article 226 of the
Constitution without and before exhausting the remedy which
is available to them under section 156(3) Cr.P.C.
3. This writ petition is, in these circumstances,
dismissed with the clarification that the dismissal of this writ
petition will not in any way fetter the rights of the petitioner to
approach the learned Magistrate and seek directions for
expeditious and proper investigation. The learned Magistrate
must consider such grievance of the petitioner in the light of
the observations in Sakri Vasu and issue appropriate
directions.
(R.BASANT, JUDGE)
aks