IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 36813 of 2008(G)
1. M.P.MOHAMMED, AGED 55 YEARS
... Petitioner
2. STATE OF KERALA, REP. BY THE SECRETARY
3. SUPERINTENDENT OF POLICE, KASARAGOD.
4. SUB INSPECTOR OF POLICE, HOSDURG POLICE
Vs
1. THE STATE OF KERALA & OTHERS
... Respondent
For Petitioner :SRI.T.K.VIPINDAS
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :01/01/2009
O R D E R
R.BASANT, J
------------------------------------
W.P(C). No.36813 of 2008
-------------------------------------
Dated this the 1st day of January, 2009
JUDGMENT
Petitioner is the defacto complainant/victim in a crime
registered under Section 308 r/w 34 I.P.C. To put it in a nut
shell, the grievance of the petitioner is that no proper
investigation is being conducted into that crime. The petitioner,
inter alia, laments that actually the offence under Section 307
I.P.C is made out. But the police have included only the offence
under Section 308 I.P.C.
2. Be that as it may, it is now trite that a person like the
petitioner, who wants to air a grievance of unsatisfactory
investigation, cannot rush to this Court with applications under
Article 226 of the Constitution of India or Section 482 Cr.P.C.
He must exhaust the equally efficacious alternative remedy
available to him under Section 156(3) Cr.P.C. The position is
well established now after the decision in Sakiri Vasu v. State
of U.P [2008 AIR SCW 309] which is followed by this Court in
Vasanthi Devi v. Sub Inspector of Police [2008 (1) KLT 945].
I am, in these circumstances, not satisfied that it will be proper
W.P(C). No.36813 of 2008 2
for this Court to entertain this Writ Petition under Article 226 of
the Constitution of India filed by the petitioner straight away.
3. This Writ Petition is accordingly dismissed. Needless
to say, the dismissal of this petition will not in any way fetter the
rights of the petitioner to seek appropriate directions from the
learned Magistrate under Section 156(3) Cr.P.C or later to come
to this Court if he is not satisfied with the action taken by the
learned Magistrate.
(R.BASANT, JUDGE)
rtr/-