IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 WP(C).No. 6197 of 2008(K) ------------------------------------------ PETITIONER: -------------------- BEENA KURIAN, AGED 35 YEARS, D/O. KURIAN, KUDILIL VEEDU, MALIKAPADY BHAGOM, MEENADOM VILLAGE, KOTTAYAM. BY ADV. SMT. MIJI JOHN RESPONDENTS: ------------------------ 1. THE SUB INSPECTOR OF POLICE, PAMBADY POLICE STATION. 2. THE STATION HOUSE OFFICER, PAMBADY POLICE STATION. 3. THE SUPERINTENDENT OF POLICE, KOTTAYAM. 4. KURIAN P. @ ROY, THANDAYILPARAMBIL VEEDU, CHELLARKOVIL P.O., MYLADUMPARA, CHAKKUPALLAM, ANAKKARA. 5. THE PASSPORT OFFICER, PASSPORT OFFICE, PANAMPILLY NAGAR, ERNAKULAM. BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR GP. SRI. GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` W.P.(C) No. 6197 OF 2008 K ```````````````````````````````````````````````````` Dated this the 22nd day of February, 2008 J U D G M E N T The petitioner is the de facto complainant in crime No.45/08 of Pambady police station, Kottayam. The grievance of the petitioner is that no proper investigation is being conducted into that crime. The delay is likely to prove fatal to the petitioner's cause. In these circumstances, it is prayed that the jurisdiction under Article 226 may be invoked and appropriate directions for expeditious investigation to the police may be issued. 2. The learned counsel for the petitioner was requested to explain how in the light of the decision in Sakri Vasu Vs. State of U.P. [ 2008 AIR SCW 309] the petitioner can approach this Court for issue of direction under Article 226 of the Constitution. He has not approached the learned Magistrate for issue of any directions. No satisfactory explanation is offered. I am satisfied that the petitioner must approach the learned Magistrate and seek appropriate WPC.6197/08 : 2 : direction under section 156(3) Cr.P.C. The Supreme Court has specifically and definitely wanted that the High Courts should not encourage persons rushing to this Court with petitions under section 482 Cr.p.C. and Article 226 of the Constitution without and before exhausting the remedy which is available to them under section 156(3) Cr.P.C. 3. This writ petition is, in these circumstances, dismissed with the clarification that the dismissal of this writ petition will not in any way fetter the rights of the petitioner to approach the learned Magistrate and seek directions for expeditious and proper investigation. The learned Magistrate must consider such grievance of the petitioner in the light of the observations in Sakri Vasu and issue appropriate directions. (R.BASANT, JUDGE) aks