IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 6160 of 2008(G)
1. MINI, W/O. VENU, AGED 34 YEARS,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE DISTRICT SUPERINTENDENT OF POLICE
3. THE CIRCLE INSPECTOR OF POLICE,
4. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.P.L.DEVADAS
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :21/02/2008
O R D E R
R. BASANT, J.
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W.P.(C) No. 6160 OF 2008 G
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Dated this the 21st day of February, 2008
J U D G M E N T
The petitioner’s husband allegedly met with his
death under unnatural and suspicious circumstances. The
police have registered a crime and the investigation is in
progress. The petitioner appears to be dissatisfied with the
quality of investigation undertaken by the investigating officer.
She has, hence, come before this Court with the grievance
that investigation is not being conducted properly. She prays
that appropriate direction may be issued to ensure a proper
investigation.
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 in the circumstances seek directions under Article 226 of
the Constitution from this Court. A person dissatisfied with
WPC.6160/08
: 2 :
the investigation must exhaust his alternative remedies
available under the Code of Criminal Procedure before
coming this Court with a petition under section 482 Cr.P.C. or
under Article 226 of the Constitution. That position of law is
well settled in the decision in Sakri Vasu.
3. In the light of the decision in Sakri Vasu, there is
no justification or necessity to invoke the powers under Article
226 of the Constitution at this stage. The petitioner must seek
appropriate directions from the Magistrate or raise his
objections against the final report filed.
4. With the above observations, this writ petition is
dismissed.
(R.BASANT, JUDGE)
aks