IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 14TH FEBRUARY 2011 / 25TH MAGHA 1932 WP(C).NO. 4664 OF 2011(G) --------------------------------------- CC.798/2010, JUDICIAL FIRST CLASS MAGISTRATE COURT, ,VAIKOM .................... PETITIONER(S): ---------------------- ALEYAMMA THOMAS, W/O.THOMAS, AGED 58 YEARS, RESIDING AT KANNARATHIL HOUSE, MUTTUCHIRA VILLAGE, KAPIKKADU KARA, KADUTHURUTHY, KOTTAYAM DISTRICT. BY ADV. SRI.JOHNSON P.JOHN SRI.RAJU SEBASTIAN VADAKKEKKARA RESPONDENT(S): ------------------------- 1. DISTRICT SUPERINTENDENT OF POLICE, KOTTAYAM DISTRICT, KOTTAYAM. 2. CIRCLE INSPECTOR OF POLICE, KADUTHURUTHY, KOTTAYAM DISTRICT. 3. SUB INSPECTOR OF POLICE, KADUTHURUTHY POLICE STATION, KOTTAYAM DISTRICT. BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== W.P(C) No.4664 of 2011 ==================================== Dated this the 14th day of February, 2011 J U D G M E N T Petitioner is the de facto complainant in Crime No.553 of 2010 of Kaduthurithy police station for offences punishable under Sections 294(b), 323, 324 and 427 read with Section 34 of the Indian Penal Code. That case was registered on the information given by petitioner alleging involvement of four persons including one Kovilakathu Radhakrishnan and Anu. Police registered a case against the said four persons and after investigation submitted final report deleting the said Radhakrishnan and Anu. On the final report learned Judicial First Class Magistrate, Vaikom took cognizance and filed C.C. No.798 of 2010 against those accused mentioned in the final report. Petitioner preferred a complaint to the Superintendent of Police, Kottayam for further investigation. But no action was taken and hence this petition. Learned counsel for petitioner submitted that it is without conducting proper investigation that Radhakrishan and Anu were deleted from the final report. It is also submitted that SC No.4 of 2011 is pending in the Sessions Court, Kottayam against husband of petitioner, his brother and son (crime No.553 of 2010 of the same police station) W.P(C) No.4664 of 2011 -: 2 :- for offences punishable under Sections 323 and 308 read with Section 34 of the IPC. I have heard learned counsel for petitioner and the learned Public Prosecutor. 2. The prayer in this petition is to direct further investigation. If law provides petitioner can make such a request before the learned Magistrate or file a private complaint in case there are sufficient grounds to proceed against persons deleted from the final report in Crime No.558 of 2010. Since those remedies are available to the petitioner there is no reason to invoke jurisdiction under Section 482 of the Code of Criminal procedure. Writ Petition is closed without prejudice to other rights if any of petitioner. THOMAS P. JOSEPH, JUDGE. vsv