IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 WP(C).No. 7272 of 2007(N) ------------------------- PETITIONER: ------------ 1. SMT. ANNAMMA JOHN, W/O. K.S.JOHN, B.JOHNS THARAGANS VILLA, CHENGANNUR TALUK, ALAPPUZHA DISTRICT. 2. K. GOPALAKRISHNAN NAIR, S/O. NARAYANAN NAIR, PRASANTH, NETHAJI ROAD, CHENGANNUR TALUK, ALAPPUZHA DISTRICT. 3. EYPE EAPEN, S/O. EAPEN, ALUMMOOTTIL MALAYIL, THITTAMEL, CHENGANNUR TALUK, ALAPPUZHA DISTRICT. 4. LAKSHMI R., W/O. RAJEEV, PRIYA FLAMES, PADINJARA NADA, CHENGANNUR TALUK, ALAPPUZHA DISTRICT. 5. VALSA CHERIYAN, W/O. CHERIYAN, P.I.P. COLONY, CHENGANNUR TALUK,ALAPPUZHA DISTRICT BY ADV. SRI.IYPE JOSEPH RESPONDENTS: ------------- 1. U.T.I. ASSET MANAGEMENT CO. PVT.LTD., REPRSENTED BY CHAIRMAN & MANAGING DIRECTOR, UTI TOWERS, GEN BLOCK, BANDRA KURLA COMPLEX, BANDRA EAST, MUMBAI-400 051. 2. THE CHIEF MANAGER, UTI ASSET MANAGEMNT CO. PVT. LTD., 5TH FLOOR, JEEVAN PRAKASH, LIC BUILDING, M.G.ROAD, ERNAKULAM, PIN-682 011. 3. M.V. SELVARAJAN, THRIKARTHIKA, THIRUVANVANDOOR P.O., CHENGANNUR TALUK, ALAPPUZHA DISTRICT. 4. SHIBU DANIEL, POSTMAN, HEAD POST OFFICE, CHENGANNUR, ALAPPUZHA DISTRICT. 5. SECRETARY, OMALLOOR SERVICE CO-OPERATIVE BANK LTD., OMALLOOR, PATHANAMTHITTA DISTRICT. 6. SECRETARY, SERVICE CO-OPERATIVE BANK LTD., OTHARA, THIRUVALLA, PATHANAMTHITTA. 7. SUB INSPECTOR OF POLICE, PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA. 8. SUB INSPECTOR OF POLICE, THIRUVALLA POLICE STATION, THIRUVALLA, PATHANAMTHITTA. 9. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, VAZHUTHACADU, THIRUVANANTHAPURAM. 10. ADDITIONAL DIRECTOR GENERAL OF POLICE, CRIME BRANCH, THIRUVANANTHAPURAM. 11. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY GOVERNMENT PLEADER SRI.K.S.SIVAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J ------------------------------------ W.P(C).No.7272 of 2007 ------------------------------------- Dated this the 28th day of February, 2008 J U D G M E N T Petitioners have come to this Court with this petition under Article 226 of the Constitution raising a grievance that no proper investigation has been conducted into two crimes ie. Crimes 891 of 2006 of Pathanamthitta Police Station and 629 of 2006 of Thiruvalla Police Station. 2. The learned Government Pleader after taking instructions now submits that in Crime 891 of 2006, orders have already been passed directing the C.B.C.I.D, Pathanamthitta to take over the investigation in that crime. The said crime shall be investigated by the C.B.C.I.D, Pathanamthitta, submits the learned Government Pleader. Since the relief sought for in that crime is already achieved, it is not necessary to issue any further directions. 3. Coming to Crime 629 of 2006 of Thiruvalla Police Station, it is submitted that investigation has already been completed. Final report has already been filed and cognizance has been taken by the learned Judicial Magistrate of the First Class, Thiruvalla. The same is pending as C.C.479 of 2007. W.P(C).No.7272 of 2007 2 4. It is for the petitioner to appear before the learned Magistrate and raise objections if any against the final report. If the petitioner feels that any further investigation is necessary in that crime, it is for the petitioner to file an appropriate application under Section 173(8) Cr.P.C and for the learned Magistrate to issue appropriate directions on such application. I am not persuaded to agree that powers under Article 226 of the Constitution can or ought to be invoked in the given situation. 5. In the result, this Writ Petition is dismissed. I make it clear that the dismissal of this writ petition will not in any way fetter the rights of the petitioner to seek appropriate further relief in Crime No.629 of 2006 from the learned Magistrate having jurisdiction. (R.BASANT, JUDGE) rtr/-