High Court Kerala High Court

Habeebrahman vs State Of Kerala Represented By Sub on 14 November, 2008

Kerala High Court
Habeebrahman vs State Of Kerala Represented By Sub on 14 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 4366 of 2008()


1. HABEEBRAHMAN,OORAKOTTIL HOUSE,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED BY SUB
                       ...       Respondent

2. SUPERINTENDENT OF POLICE,

                For Petitioner  :SRI.DEVIDAS.U.K

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :14/11/2008

 O R D E R
                            R. BASANT, J.
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                   Crl.M.C.No. 4366 of 2008
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           Dated this the 14th day of November, 2008

                               O R D E R

Against the petitioner crime No.729 of 2008 has been

registered by the police. It is submitted at the Bar that in that

crime it is alleged that the petitioner’s vehicle was involved in an

offence relating to illicit transportation of river sand. That crime

was registered on 13.10.2008.

2. According to the petitioner no proper investigation is

being conducted into that crime. The petitioner had approached

the Superintendent of Police, Malappuram and Annex.1

application was submitted before the Superintendent of Police.

The same has been acknowledged on 14.10.2008. In spite of the

fact that Annex.1 complaint was received by the Superintendent

of Police, no proper investigation is being conducted into the

crime registered. This in short is the grievance of the petitioner.

He prays that a proper investigation may be directed to be

conducted in the light of Annex.1 complaint already submitted

by him to the Superintendent of Police.

Crl.M.C.No. 4366 of 2008
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3. After the decision in Sakiri Vasu v. State of U.P. (2008

(1) KLT 724)(SC), which has been followed by this Court in Vasanthi

Devi v. S.I. of Police (2008 (1) KLT 945), a person aggrieved by the

quality of the investigation conducted by the police into a crime must

seek appropriate direction under Section 156(3) Cr.P.C. from the

Magistrate concerned, who, it is held, has the duty/obligation to

monitor and supervise the investigation. It is trite that a person with a

grievance like the instant one raised by the petitioner cannot come to

this Court directly and claim invocation of the extra ordinary inherent

jurisdiction under Section 482 Cr.P.C. or the extra ordinary

constitutional jurisdiction under Article 226 of the Constitution. Such

person must ordinarily exhaust the remedy available to him under

Section 156(3) Cr.P.C.

4. This Crl.M.C. is accordingly dismissed. Needless to say, if

the petitioner approaches the learned Magistrate with an application

under Section 156(3) Cr.P.C., the learned Magistrate must consider the

same and take appropriate decision in the matter.




                                             (R. BASANT)
tm                                                 Judge

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