IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 29TH AUGUST 2008 / 7TH BHADRA 1930 WP(C).No. 6505 of 2007(Y) ------------------------- PETITIONERS: ------------ 1. MARYKUTTY JOSEPH, ALUNKAL HOUSE, ANICKAD EAST P.O., KOTTAYAM. 2. A.J.JOSEPH, ALUNKAL HOUSE, ANICKAD EAST P.O., KOTTAYAM. BY ADV. SRI.I.DINESH MENON RESPONDENTS: ------------- 1. THE SUPERINTENDENT OF POLICE, KOTTAYAM. 2. THE SUB INSPECTOR OF POLICE, PALLICKATHODE. 3. XAVIER THOMAS, THENGUMPALLIL HOUSE, MAJOOR P.O., KOTTAYAM. BY GOVERNMENT PLEADER FOR R1 & R2 SRI.P.CHANDY JOSEPH FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONERS' EXTS: EXT.P1 TRUE COPY OF SALE AGREEMENT DT. 16.5.05. EXT.P2 TRUE COPY OF JUDGMENT IN WPC 1898/06 DT.17.2.06. EXT.P3 TRUE COPY OF THE FIR IN CRIME NO.85/06 DT.20.6.06. EXT.P4 TRUE COPY OF REPRESENTATION DT. 19.2.07, (SUBSTITUTED BY EXT.P4(a) WHICH IS APPENDED ALONG WITH IA 5019/07.) /TRUE COPY/ R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - W.P.C.No. 6505 of 2007 Y - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of August, 2008 JUDGMENT The petitioners are the defacto complainants in a crime registered alleging offences punishable under Sections 406 and 420 I.P.C. The petitioners had come to this Court with this petition alleging that a proper investigation is not being conducted by the Investigating Officer. 2. 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) persons like the petitioners, who have a grievance about the investigation conducted cannot rush to this court with an application under Article 226 of the Constitution or under Section 482 Cr.P.C. without and before exhausting the remedy available to him under Section 156(3) Cr.P.C. It is for the petitioners to approach the learned Magistrate and seek appropriate directions. If the petitioners' grievance remains unsatisfied by such approach to the W.P.C.No. 6505 of 2007 2 learned Magistrate, needless to say, the petitioners can come before this Court to challenge the action of the Magistrate. 3. The learned Prosecutor submits that as a matter of fact the investigation is already complete. Final report has already been filed under Sections 406 and 420 I.P.C. In the light of that circumstance also I am satisfied that no further direction need be issued in this writ petition. 4. The learned counsel for the petitioners prays that the right of the petitioners to move the learned Magistrate to direct further investigation under Section 173(8) Cr.P.C. may be left open. Needless to say, the petitioners' right to move the learned Magistrate now for further investigation under Section 173(8) Cr.P.C. in the light of the decision in Shaji v. State of Kerala (2003 (2) KLT 929) shall remain unfettered by the dismissal of this writ petition. 5. This writ petition is accordingly dismissed. (R. BASANT) Judge tm W.P.C.No. 6505 of 2007 3 R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - W.P.C.No. 6505 of 2007 - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of June, 2007 O R D E R The petitioners have come to this court complaining about the inadequate and insufficient investigation conducted in Ext.P3 crime registered by the police. The police were directed to file a statement and the statement filed by the Investigating Officer eloquently confirms the assertion of the petitioner that a proper and efficient investigation has not been conducted. This court would have thought of entrusting the investigation to more competent hands, but it is found in the statement that the present Investigating Officer has taken over the investigation only on 26.3.2007. I am of the opinion that the present Investigator must be granted some further time to complete the investigation. The Investigating Officer shall file a statement showing all details and the steps which are taken after 26.3.2007. Such report shall be filed by 16.7.07. The matter shall be called on 17.7.2007. The Investigating Officer shall appear before this Court on that day with the case diary to explain to the court the steps taken. 2. Hand over copy to the learned Prosecutor. W.P.C.No. 6505 of 2007 4 (R. BASANT) Judge tm