IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 WP(C).No. 6327 of 2008(C) ------------------------- PETITIONER: ------------ P. GOPINATHAN PILLAI, NISHA NIVAS, BINANIPURAM, ERNAKULAM DISTRICT, PIN-683 502. BY ADV. SRI.C.ANILKUMAR (KALLESSERIL) RESPONDENTS: ------------- THE DEPUTY POLICE SUPERINTENDENT (VIGILANCE) S.R.M. ROAD, ERNAKULAM NORTH, COCHIN-682 018. BY GOVERNMENT PLEADER, SRI GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J. ---------------------------------------- W.P.C.No. 6327 of 2008-C ---------------------------------------- Dated this the 22nd day of February 2008 J U D G M E N T The short grievance of the petitioner is that no proper action has been taken by the respondent on Ext.P2 complaint filed by the petitioner. It is prayed that directions may be issued to register the crime and to conduct a proper investigation into such crime to be registered. 2. After the decision in Sakiri Vasu v.State of U.P [2008 AIR SCWA 309] I am afraid the prayer of the petitioner cannot be accepted. The petitioner has not exhausted the alternative remedies which are available to him. The petitioner can approach superior officers of the police. The petitioner can file a private complaint before the court having jurisdiction. The petitioner can request for a reference under Section 156(3) Cr.P.C. If the court is not satisfied about that request the petitioner can offer to substantiate his grievance before such court. Such court can be requested to conduct an enquiry under Section 202 Cr.P.C. Such court can be requested to direct an investigation to be conducted under Section 202 Cr.P.C. 3. At any rate without and before exhausting these alternative remedies which are available to the petitioner, he W.P.(C) No.6327/2008-C 2 cannot be permitted to come to this Court ordinarily with a prayer that powers under Article 226 of the Constitution of India should be invoked. No extra ordinary circumstances were shown to exist. 4. This writ petition in these circumstances is to be and is hereby dismissed. (R.BASANT, JUDGE) ms