IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 4TH FEBRUARY 2008 / 15TH MAGHA 1929 WP(C).No. 4030 of 2008(D) ------------------------- CRIME NO.142/07 OF KODUNGALLUR POLICE STATION PETITIONER: ------------ RAMEENA, 21 YEARS, D/O.RAHIMAN, ERAKKATH HOUSE, EDAVILANG VILLAGE, KODUNGALLUR, THRISSUR. BY ADV. SRI.K.J.NASARUL ASLAM RESPONDENTS: ------------- 1. SUPERINTENDENT OF POLICE, THRISSUR. 2. SUB INSPECTOR OF POLICE, KODUNGALLUR. BY GOVERNMENT PLEADER SRI.GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J ------------------------------------ W.P(C).No.4030 of 2008 ------------------------------------- Dated this the 4th day of February, 2008 JUDGMENT Petitioner is the defacto complainant in a crime registered under Section 498 A I.P.C. The crime in turn was registered on the basis of a private complaint filed by the petitioner, which in turn, was referred to the police by the learned Magistrate under Section 156(3) Cr.P.C. Investigation was conducted by the police. The petitioner had arrayed 3 persons as accused, ie. her husband, her father in law and her mother in law. The police, after investigation, filed final report only against accused No.1. Accused 2 and 3, ie. father in law and mother in law of the complainant were deleted from the array of accused. 2. The petitioner has now come to this Court with this Writ Petition with a prayer that powers under Article 226 of the Constitution may be invoked and directions may be issued to conduct further investigation. 3. I am afraid that the petitioner has not approached the proper Court. If persons arrayed as accused by the complainant are not shown as accused in the final report, the petitioner has W.P(C).No.4030 of 2008 2 the option to go before the learned Magistrate and raise her objections against the final report filed. The learned Magistrate is duty bound to consider such objections and issue appropriate directions. If the learned Magistrate does not issue any directions or if in spite of such directions proper investigation is not conducted, it is always open to the petitioner to file a private complaint and offer before the learned Magistrate to substantiate the allegations against accused 2 and 3. The petitioner will then be entitled to an opportunity to substantiate the allegations and if the learned Magistrate after conducting enquiry under Section 200 or 202 Cr.P.C is satisfied about the requirement to take cognizance of the offence alleged against accused 2 and 3, appropriate orders must be passed by the learned Magistrate. 4. In any view of the matter, I find absolutely no merit in the request made by the petitioner in this Writ Petition. 5. This Writ Petition is accordingly dismissed with the above observations. (R.BASANT, JUDGE) rtr/-