IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 8315 of 2008(M)
1. SURESH KUMAR, S/O.JANARDHANAN,
... Petitioner
2. JAMUNA T.P., HOUSE NO.106[1] ANUGRAHA,
Vs
1. STATE OF KERALA, REPRESENTED BY HOME
... Respondent
2. THE CITY COMMISSIONER OF POLICE,
3. THE STATION HOUSE OFFICER,
4. SUDHAKARAN, S/O. JANARDHANAN,
For Petitioner :SRI.P.A.AHAMMED
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :12/03/2008
O R D E R
R.BASANT, J
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W.P(C).No.8315 of 2008
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Dated this the 12th day of March, 2008
JUDGMENT
Petitioner is the defacto complainant in a crime registered
alleging commission of offences punishable, inter alia, under
Sections 324 and 294 (b) I.P.C. The alleged incident took place
on 15.01.08. F.I.R was registered on 17.01.08 as Crime 58 of
2008 of Medical College Police Station, Trivandrum. The
petitioner has now rushed to this Court with the grievance that a
proper investigation is not being conducted into the said crime by
the Investigating Officer. It is prayed that appropriate directions
may be issued to ensure that a proper, efficient and meaningful
investigation is conducted.
2. After the decision in Sakiri Vasu v. State of U.P
[2008 AIR SCW 309] it is for the petitioner to move the learned
Magistrate if he has a grievance about the inadequacy,
impropriety or the insufficiency of the investigation conducted.
The petitioner has admittedly not moved the learned Magistrate
or sought any directions from the learned Magistrate under
W.P(C).No.8315 of 2008 2
Section 156(3) Cr.P.C. The decision in Sakiri Vasu (supra) is
authority for the proposition that this Court should not readily
encourage the aggrieved persons coming to this Court with
petitions under Section 482 Cr.P.C and Article 226 of the
Constitution of India. Before and without exhausting the
efficacious alternative remedy available to the petitioner under
Section 156(3) Cr.P.C to seek directions from the learned
Magistrate. This petition filed under Article 226 of the
Constitution of India cannot hence be entertained.
3. This Writ Petition is accordingly dismissed. I may
however hasten to observe that the dismissal of this petition will
not in any way fetter the rights of the petitioner to approach the
learned Magistrate to seek appropriate directions under Section
156(3) Cr.P.C. The learned Magistrate must consider the same
and pass appropriate orders in the light of Sakiri Vasu referred
above.
(R.BASANT, JUDGE)
rtr/-