High Court Kerala High Court

T.Asokan vs The Circle Inspector Of Police on 21 February, 2008

Kerala High Court
T.Asokan vs The Circle Inspector Of Police on 21 February, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 6162 of 2008(H)


1. T.ASOKAN, THACHAMBALATH HOUSE,
                      ...  Petitioner

                        Vs



1. THE CIRCLE INSPECTOR OF POLICE,
                       ...       Respondent

                For Petitioner  :SRI.T.G.RAJENDRAN

                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. 6162 OF 2008 H
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          Dated this the 21st day of February, 2008

                         J U D G M E N T

Petitioner is the sole accused in a crime registered

alleging offences punishable, inter alia, under section 506(1)

IPC. The crime was registered as early as in 2004.

Investigation is in progress. But, despite the elapse of about

four years, final report has not been filed. The petitioner has

come before this Court with this writ petition with a prayer that

the powers under Article 226 of the Constitution may be

invoked to issue proper directions.

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 is

entitled to request this Court to issue directions without and

before exhausting the efficacious alternative remedies which

are available to him. Admittedly, the petitioner has not moved

WPC.6162/08
: 2 :

the Magistrate. I do not find any circumstances in this case to

take this case out of the sweep of the dictum in Sakri Vasu.

The petitioner must approach the learned Magistrate and

seek appropriate directions to get his grievance remedied.

3. With the above observations, this writ petition is

dismissed.

(R.BASANT, JUDGE)
aks