IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 WP(C).No. 4803 of 2008(V) ------------------------- PETITIONER: ------------ MRS. ANNE VARGHESE, AGED 55 YEARS, W/O. VARGHESE, CHIRAMMEL HOUSE, VINOBA NAGAR, CHILAVANNUR, COCHIN-682 020. BY ADV. SRI.MANU ROY RESPONDENTS: ------------- THE DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER ADV.SRI.GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` W.P.(C) No. 4803 OF 2008 V ```````````````````````````````````````````````````` Dated this the 18th day of February, 2008 J U D G M E N T The short grievance of the petitioner is that a crime registered as crime No.59/08 of Ernakulam Town South Police Station for offences punishable, inter alia, under sections 448 and 324 read with 149 IPC is not being investigated properly by the police. She has come to this Court with this writ petition seeking issue of appropriate directions under Article 226 of the Constitution of India. According to the petitioner, there is yet another crime registered against the petitioner and her son as crime No.57/08 of Kadavanthra police station. According to her, the allegations are in the nature of a case and counter case. 2. The learned counsel for the petitioner was requested to explain how in the light of the decision in Sakri Vasu Vs. State of U.P. [ 2008 AIR SCW 309] this writ petition before this Court is maintainable for issue of directions to the WPC.4803/08 : 2 : police in the matter of proper investigation into a crime. Admittedly, the petitioner has not approached the learned Magistrate and sought the issue of directions under section 156(3) Cr.P.C. 3. Following the decision in Sakri Vasu, in as much as the petitioner has an equally efficacious alternative remedy to redress her grievance, namely, improper investigation of two crimes which according to her, are in the nature of a case and counter case, it is not appropriate or necessary for this Court to entertain this writ petition under Article 226 of the Constitution. 4. This writ petition is accordingly dismissed making it clear that the petitioner's option to approach the learned Magistrate and seek appropriate directions in the crimes concerned shall remain unfettered by the dismissal of this writ petition. (R.BASANT, JUDGE) aks