IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 6TH FEBRUARY 2008 / 17TH MAGHA 1929 WP(C).No. 1460 of 2008(W) ------------------------- PETITIONER: ------------ LATHEEF, S/O. NAGOOR MEERAN, SAIPHIL BHAVAN, VYMUKKU, ERAIPURAM, KOLLAM NOW RESIDING AT ABHAYA CHARITABLE SOCIETY, NEAR RAILWAY GATE, POLAYATHODU, KOLLAM. BY ADV. SRI.PRATHEESH.P RESPONDENTS: COMPLAINANT: ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT SUPERINTENDENT OF POLICE, KOLLAM. 3. SUB INSPECTOR OF POLICE, EAST POLICE STATION. 4. ASHOKAN, RESPONDENT, LEKSHMI, TRA B-14, MUNDAKKAL, KOLLAM. 5. BALAGOPALAN (ANI), GOSHIMANGALAM VEEDU, SURABHI NAGAR-190, AYATHIL, VADAKKEVILA, KOLLAM. 6. MANI, A.R.A.12B, NEAR RAILWAY GATE,POLAYATHODU, KOLLAM. 7. VASANTHA (AMBILY), SARASWATHY NIVAS, A.R.NAGAR-77, MUNDAKKAL EAST, KOLLAM. 8. BABU, NEAR RAILWAY GATE, POLAYATHODU, KOLLAM. BY GOVERNMENT PLEADER ADV.SRI.GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` W.P.(C) No. 1460 OF 2008 W ```````````````````````````````````````````````````` Dated this the 6th day of February, 2008 J U D G M E N T Petitioner is the de facto complainant in a prosecution initiated for offences punishable, inter alia, under sections 427 and 447 IPC. Investigation is now complete. Final report has already been filed. The short grievance of the petitioner is that though the petitioner had raised allegations against three others also, other than those who face indictment now, the final report does not make any allegations against those three individuals. The petitioner has now come before this Court claiming to be aggrieved by such final report filed by the investigating officer. 2. I am afraid the petitioner is not pursuing the real and proper remedy available to him under law. In such a situation, the petitioner must have gone before the learned Magistrate to raise objections against the allegedly improper WPC.1460/08 : 2 : final report filed. It is only before the learned Magistrate that he can normally raise objections against such improper final report filed. The petitioner can request the learned Magistrate not to accept the final report or to direct further investigation to be conducted invoking the powers under section 156 or 173(8) Cr.P.C. In these circumstances, I am satisfied that this writ petition under Article 226 of the Constitution is not maintainable. 3. This writ petition is accordingly dismissed but I may hasten to observe that the petitioner's remedy to approach the learned Magistrate and raise objections against the final report filed by the investigating officer shall remain unfettered by the dismissal of this writ petition. (R.BASANT, JUDGE) aks