IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 25TH SEPTEMBER 2008 / 3RD ASWINA 1930 WP(C).No. 28583 of 2008(C) -------------------------- PETITIONER: --------------- NAFEESA, AGED 45 YEARS, W/O YUSUF, THAHIRIA MANZIL, HIDAYATH NAGAR, UPPALA, KASARGODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): --------------- 1. CIRCLE INSPECTOR OF POLICE, KUMBALA POLICE STATION, 2. SUB INSPECTOR OF POLICE, MANJESHWAR. 3. DY.S.P. KASARGODE. 4. STATE OF KERALA, REP. BY CHIEF SECRETARY, SECRETARIAT,THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. S.U. NAZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - W.P.C.No. 28583 of 2008 C - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of September, 2008 JUDGMENT The petitioner is the mother of the first accused in Crime No. 245 of 2008. The second accused in that crime is her nephew. Both the accused are employed abroad. They were arrested on 19.8.2008 on the allegation that they were allegedly involved in possession and transportation of illicit liquor. Investigation is in progress. The applications filed by the accused persons for bail have been rejected. They continue in custody. 2. At this stage, the petitioner has come to this court with this petition under Article 226 of the Constitution for a direction for expeditious completion of the investigation. It is submitted that the accused persons are absolutely innocent. Some persons allegedly belonging to the liquor mafia in the district, who have some dis-agreement/quarrel with the accused persons have wielded their influence with the police to ensure W.P.C.No. 28583 of 2008 2 that the accused persons are falsely implicated. The petitioner had complained to the Chief Minister and later investigation has now been entrusted to a senior police official i.e. the third respondent, Dy.S.P. Even thereafter the investigation is not being completed expeditiously. This is the grievance of the petitioner. 3. The petitioner's grievance is about inadequate investigation. It is trite, after the decision in Sakiri 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) that a person like the petitioner, who has a grievance about the investigation, must approach the learned Magistrate ordinarily and seek direction. With such a grievance the petitioner cannot rush to this Court directly with an application under Article 226 of the Constitution or under Section 482 Cr.P.C. without and before choosing to request the Magistrate to invoke his powers under Section 156(3) Cr.P.C. I have no hesitation to agree that the investigation must be completed as expeditiously as possible. It is for the petitioner to seek specific direction regarding investigation from the Magistrate having jurisdiction under Section W.P.C.No. 28583 of 2008 3 156(3) Cr.P.C. in case she is not satisfied with the progress of the investigation. 4. With the above observations, this writ petition is dismissed. (R. BASANT) Judge tm