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. 37163 of 2007(Y) -------------------------- PETITIONER: ------------ JEEMOL JOSEPH,W/O.JOSEPH,AGED 44, PALATHINKAL HOUSE,KODIMATHA KARA, KOTTAYAM VILLAGE,KOTTAYAM DISTRICT. BY ADV. SRI.JOSEKUTTY MATHEW RESPONDENTS: ------------- THE CIRCLE INSPECTOR OF POLICE, KOTTAYAM WEST POLICE STATION, KOTTAYAM DISTRICT REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 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. 37163 OF 2007 Y ```````````````````````````````````````````````````` Dated this the 18th day of February, 2008 J U D G M E N T Petitioner is the de facto complainant in crime No.407/06 at the Kottayam West police station. That crime in turn was registered on the basis of a private complaint filed by the petitioner before the Magistrate which was referred to the police under section 156(3) Cr.P.C. Investigation is in progress. The short grievance of the petitioner is that no proper investigation is being conducted into the crime. 2. After the decision in Sakri Vasu Vs. State of U.P. [2008 AIR SCW 309], it is for the petitioner to approach the learned Magistrate and seek appropriate directions if she has a grievance that there has been no proper investigation conducted in the case. Admittedly, the petitioner has not moved the learned Magistrate for issue of any directions under section 156(3) Cr.P.C. regarding the alleged WPC.37163/07 : 2 : inadequacy in the conduct of the case. The said decision is the authority for the proposition that the petitioner, who has an equally efficacious alternative remedy under section 156(3) Cr.P.C., should not normally be permitted to come before this Court and seek relief under Article 226 of the Constitution. 3. I am, in these circumstances, satisfied that this writ petition only deserves to be dismissed with appropriate directions. 4. In the result, this writ petition is dismissed. Needless to say, the dismissal of this writ petition will not in any way fetter the rights of the petitioner to approach the learned Magistrate and seek appropriate directions on her grievance that proper investigation is not being conducted. (R.BASANT, JUDGE) aks