IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 WP(C).No. 30524 of 2008(H) -------------------------- PETITIONERS: --------------- 1. SURESH @ AKHIL, NALLAVEETIL PADEETTATHIL, PERINGALA MURI, KAYAMKULAM VILLAGE. 2. RAMESAN, KUTTIKKATTU VAYALIL, CHIRAKKADAVAM MURI, KAYAMKULAM VILLAGE. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SMT.SURYA SASI RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF KERALA, HOME DEPARTMENT, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM. 2. DIRECTOR GENERAL OF POLICE, KERALA, TRIVANDRUM. 3. SUPERINTENDENT OF POLICE, ALAPPUZHA. GOVERNMENT PLEADER SRI.GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT, J. ----------------------------------------------- W.P.(C). No. 30524 OF 2008 ----------------------------------------------- Dated this the 16th day of October, 2008 JUDGMENT The petitioners face allegations in a crime registered alleging offences punishable, inter alia, under Sections 326 and 308 read with Section 34 IPC. The alleged incident took place on 28.08.08. In the FI statement given by the mother of the victim, the petitioners are named and the said FI statement is recorded on 30.08.08. Investigation is in progress. Petitioners have not been arrested so far. 2. Petitioners have come to this Court at this stage with a prayer that directions may be issued under Section 482 Cr.P.C to entrust the investigation to competent superior officers of the police. It is the grievance of the petitioners that local police is not conducting a proper investigation. They have animosity against the petitioners. They are convinced that the petitioners are not involved in the crime. But unnecessary vexatious proceedings against the petitioners are continuing. 3. The learned counsel for the petitioners laboriously contends that there are several circumstances which would W.P.(C). No. 30524 OF 2008 -:2:- indicate that the local police are raising false allegations without bonafidies against th petitioners. It is hence prayed that the jurisdiction under Section 482 Cr.P.C may be invoked. 4. After the decision in Sakri Vasu v. State of U.P.[2008 (1) KLT 724(SC)] , it is trite that a person with a grievance against the improper conduct of the investigation cannot rush to this Court with application under Section 482 Cr.P.C or under Article 226 of the Constitution. Unless compelling reasons are there, such petitions cannot be entertained without and before such aggrieved persons exhaust the equally efficacious alternative remedy available to them under Section 156(3) Cr.P.C. 5. I shall carefully avoid any expression of opinion on the grievances raised by the petitioners against the conduct of the investigation. Suffice to say that the petitioners must approach the learned Magistrate with their grievance and seek appropriate directions under Section 156(3) Cr.P.C. The learned counsel for the petitioners submits that the case on hand may be treated as one of exception to the rule under Sakri Vasu (supra). That decision cannot apply in as much as the petitioners face W.P.(C). No. 30524 OF 2008 -:3:- allegations for serious non bailable offences and they apprehend that if they appear before the learned Magistrate, the police may arrest them, submits counsel. I am not persuaded to reckon that as a sufficient circumstance which should persuade this Court to entertain this application under Article 226 of the Constitution, notwithstanding the dictum in Sakri Vasu (supra). Petitioners can approach the learned Magistrate and seek appropriate directions. If they approach the learned Magistrate, the learned Magistrate will have to consider their grievance and issue appropriate directions. With the above observations this Writ Petition is dismissed. R. BASANT, JUDGE ttb W.P.(C). No. 30524 OF 2008 -:4:- W.P.(C). No. 30524 OF 2008 -:5:-