IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 WP(C).No. 19249 of 2008(N) -------------------------- PETITIONER: ------------ C.P.ABOOTTY, AGED 37 YEARS, S/O.KUNHI MUHAMMED, RESIDING AT CHERIYA VALAPPU HOUSE, PADUVILAYI VILLAGE, THALASSERY TALUK, KANNUR DIST. BY ADV. SRI.C.K.SREEJITH RESPONDENTS: ------------- 1. CIRCLE INSPECTOR OF POLICE, IRITTY 2. THE SUPERINTENDENT OF POLICE, KANNUR. 3. DY.SUPERINTENDENT OF POLICE, IRITTY, KANNUR DIST. BY GOVERNMENT PLEADER SRI.JAI GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J. ---------------------- W.P.C.No.19249 of 2008 ---------------------------------------- Dated this the 26th day of June 2008 J U D G M E N T The incomplete and inadequate pleadings in the petition considered along with the submissions made at the bar by the learned counsel for the petitioner shows that the grievance of the petitioner is that no proper investigation is being conducted into crime No.335/2008 of Iritti police station registered under Section 381 I.P.C at the instance of the petitioner. That complaint deals with the alleged theft of a lorry. 2. The learned counsel for the petitioner was requested to explain how in the light of the decision in Sakiri Vasu v. State of U.P & Others [2008 AIR SCW 309] as followed by this court in the decision in Vasanthi Devi v. Sub Inspector of Police [2008(1) KLT 945] the petitioner is entitled to come before this court with this petition under Article 226 of the Constitution of India without and before exhausting his equally efficacious remedy under Section 156(3) Cr.P.C. No proper reasons are shown to exist. I am, in these circumstances, satisfied that this petition does not merit admission and the petitioner must be directed to W.P.C.No.19249/08 2 approach the learned Magistrate under Section 156(3) Cr.P.C to claim the relief which he has sought from this court. 3. In the result, this writ petition is dismissed. I may hasten to observe that if the petitioner approaches the learned Magistrate with a proper application under Section 156(3) Cr.P.C., the learned Magistrate must consider the same and pass appropriate orders. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.19249/08 3 W.P.C.No.19249/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007