IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931 WP(C).No. 22917 of 2009(Q) --------------------------------------- (CRIME NO. 301/2009 OF MALA POLICE STATION) ............ PETITIONER: ------------------- LINSA, AGED 26 YEARS, D/O.JOSE, MALIYAKAL HOUSE, PUTHENCHIRA VILLAGE, PUTHENCHIRA VADAKUMURI DESOM, THRISSUR DISTRICT. BY ADV. MR.RAJESH CHAKYAT. RESPONDENTS: ------------------------ 1. THE SUPERINTENDENT OF POLICE, THRISSUR DISTRICT. 2. THE DEPUTY SUPERINTENDENT OF POLICE, IRINJALAKUDA, THRISSUR DISTRICT. 3. THE CIRCLE INSPECTOR OF POLICE, MALA, THRISSUR DISTRICT. 4. THE SUB INSPECTOR OF POLICE, MALA, THRISSUR DISTRICT. R1 TO R4 BY GOVT. PLEADER MR. S.U. NAZAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ W.P.C.NO. 22917 OF 2009 ------------------------------------------ Dated 12th August 2009 JUDGMENT Petitioner, the prosecutrix in crime No.301/09 of Mala police station filed this petition under Article 226 of Constitution of India for a direction to first respondent to investigate the case. Ext.P1 FI statement was recorded on 18/4/2009, based on which crime 301/2009 was registered for the offence under Section 376 of Indian Penal Code. Grievance of the petitioner is that proper investigation is not being conducted. As held by the Apex court in Sakiri Vasu v. State of U.P (2008 (1) KLT 724 ) if apprehension of the petitioner is that investigation is not properly progressing, remedy of the petitioner is to approach the concerned Magistrate under Section 156(3) of Code of Criminal Procedure. Without approaching the Magistrate, petitioner is not entitled to approach this court. Petition is disposed with liberty to WPC 22917/09 2 the petitioner to file a petition under Section 156(3) of Code of Criminal Procedure before the Magistrate. M.SASIDHARAN NAMBIAR, JUDGE. uj.