IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 WP(C).No. 30837 of 2008(U) -------------------------- PETITIONER: ------------- BAIJU, S/O.GEORGE, PARAMBIL VEEDU, KINATTUMUKKU, MANALIL P.O., AYIRANELLOOR VILLAGE, PATHANAPURAM TALUK. BY ADV. SRI.R.ARUN RAJ RESPONDENTS: ---------------- 1. SUB INSPECTOR OF POLICE, YEROOR POLICE STATION, YEROOR. 2. SUPERINTENDENT OF POLICE, KOLLAM. 3. DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER, SRI. S.U.NAZAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT, J. ----------------------------------------------- W.P.(C) No. 30837 OF 2008 ----------------------------------------------- Dated this the 21st day of October, 2008 JUDGMENT Petitioner stands arrayed as accused in a crime registered alleging the offence punishable under Section 55 (a) of the Kerala Abkari Act. According to the petitioner, he, an autorickshaw driver is absolutely innocent. The contraband articles allegedly seized were not in his possession at all. He is the driver of a public carrier taxi autorickshaw and the passengers in the vehicle were allegedly carrying the contraband article. They had run away when an accident occurred and a collision between two vehicles took place, in front of the police station. In short, the contention of the petitioner is that he is not responsible for the possession of transportation of contraband articles allegedly found in his vehicle. The passengers who had travelled in his autorickshaw must have been so responsible. Petitioner has been arrayed as an accused. If a proper investigation is conducted, it will be evident that the petitioner is innocent and the contumacious role of the real guilty will be revealed. But according to the petitioner, no proper investigation is being conducted. In these circumstances, the W.P.(C). No. 30837 OF 2008 -:2:- petitioner submitted Ext.P2 application before the Director General of Police. No action is forthcoming on that application, Ext.P2. It is in these circumstances that the petitioner has come to this Court for issue of appropriate directions. 2. It is now trite that after the decision in Sakri Vasu v. State of U.P.[2008(1) KLT 724(SC)] which has been followed by this Court in Vasanthi Devi V. S.I. of Police [2008 (1) KLT 945], the petitioner who has a grievance that proper investigation is not conducted cannot rush to this Court with a petition under Article 226 of the Constitution or under Section 482 Cr.P.C. It is for such persons to approach the learned Magistrate, who has a reservoir of powers under Section 156(3) Cr.P.C, to issue directions to ensure that a proper investigation is conducted into every crime. Without and before exhausting that equally efficacious alternative remedy which is available to the petitioner, the petitioner has come to this Court with this petition under Article 226 of the Constitution. I am in these circumstances not persuaded to agree that any directions ought to be issued. W.P.(C). No. 30837 OF 2008 -:3:- 3. This Court has of course not chosen to issue any directions but would like to mention that in a situation like this, when Ext.P2 complaint is submitted to the head of the police department, it is certainly up to him to consider the same and take appropriate decision. Be that as it may, the petitioner's option to approach the learned Magistrate under Section 156(3) Cr.P.C having not been exhausted, I am not persuaded to issue any specific directions under Article 226. 4. Needless to say that the petitioner's option to approach the learned Magistrate shall remain and the learned Magistrate must consider such request and pass appropriate orders. If the grievance of the petitioner is not justly redressed there, his right to approach this Court shall also remain. 5. With the above observations, this Writ Petition is dismissed. R. BASANT, JUDGE ttb W.P.(C). No. 30837 OF 2008 -:4:- W.P.(C). No. 30837 OF 2008 -:5:- W.P.(C). No. 30837 OF 2008 -:6:-