IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 18TH FEBRUARY 2010 / 29TH MAGHA 1931 WP(C).No. 3903 of 2010(Q) ------------------------------------- PETITIONERS: --------------------- 1. UNNIKRISHNAN, AGED 41 YEARS, S/O. NARAYANAN NAIR, SREE BHAVAN, WARD NO.18, THANNEERMUKKOM PANCHAYAT, MARUTHORVATTOM P.O., CHERTHALA. 2. DANISMON, AGED 28 YEARS, S/O. BALAKRISHNAN, KIZHAKOTTA HOUSE, CHERUVARAN, VARANAM P.O, CHERTHALA. BY ADV. MR.B.PRAMOD. RESPONDENTS: ------------------------ 1. THE SUPERINTENDENT OF POLICE, ALAPPUZHA. 2. THE DEPUTY SUPERINTENDENT OF POLICE, CHERTHALA. 3. THE SUB INSPECTOR OF POLICE, ARTHINKAL POLICE STATION, 4. AJAYAN, S/O. MOHANAN, ILLIKKALVELI VEETTIL, ILLIKKALVELI CHERTHALA P.O., R1 TO R3 BY GOVT. PLEADER MR. AMJAD ALI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/02/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C).No. 3903 OF 2010 =========================== Dated this the 18th day of February,2010 JUDGMENT Petitioners are the injured in Crime No.31/2010 of Arthinkal Police Station registered for the offences under sections 323 and 324 read with section 34 of Indian Penal Code. This petition is filed under Article 226 of the Constitution of India, for a writ of mandamus or appropriate order commanding the first respondent to transfer the investigation of the crime to a senior officer above the rank of a Circle Inspector. 2. Learned counsel appearing for the petitioner and the learned Public Prosecutor were heard. 3. The argument of the learned counsel is that as the petitioner is seeking a direction to transfer the investigation from the third W.P.(C)3903/2010 2 respondent to a senior officer, the decision of the Apex Court in Sakiri Vasu v. State of U.P. (2008(1) KLT 724) is not applicable. 4. Learned Public Prosecutor submitted that subsequently an offence under section 325 of Indian Penal Code is also incorporated and is being investigated. 5. As held by the Apex Court in Sakiri Vasu's case (supra) petitioner is not entitled to approach this court by filing a petition under Article 226 of the Constitution of India before approaching the Magistrate as provided under section 156(3) of Code of Criminal Procedure as sufficient direction regarding the investigation could be obtained from the learned Magistrate. Petition is dismissed with liberty to approach the learned Magistrate under section 156(3) of the Code of Criminal Procedure. M.SASIDHARAN NAMBIAR JUDGE tpl/- W.P.(C)3903/2010 3 M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006