IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 2ND SEPTEMBER 2008 / 11TH BHADRA 1930 Crl.MC.No. 3500 of 2007() ------------------------- COMPLAINT FILED BEFORE THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM PETITIONER: ------------ RADHA, W/O. V.K. RAJAN, SREENILAYAM, KATHRIKKADAVU, KOCHI-682 017. BY ADV. SRI.V.M.KURIAN SRI.MATHEW B. KURIAN SRI.K.T.THOMAS RESPONDENTS: ------------- 1. THE SUPERINTENDENT OF POLICE, CRIME BRANCH CID, PANAMPILLY NAGAR, NEAR AVENUE CENTRE, ERNAKULAM. 2. THE CIRCLE INSPECTOR OF POLICE, THRIPOONITHURA. 3. THE SUB INSPECTOR OF POLICE, HILL PALACE POLICE STATION, HILL PALACE P.O., THRIPOONITHURA. 4. N.N. SUBRAMANIAN, S/O. LATE NARAYANAN, NANDANATHTHUNDIYIL HOUSE, CHAKKARAPARAMBU,KOCHI-19 5. N.N. SHANAVAS, S/O. LATE NARAYANAN, NANDANATHTHUNDIYIL HOUSE, CHAKKARAPARAMBU,KOCHI-19 6. LALITHA, D/O. LATE NARAYANAN, THANGATTUPADOM, SHOBA ROAD, VENNALA, KOCHI-28. 7. LEO XAVIER, S/O. LATE M.C. XAVIER, ATTHIPARAMBIL, PALARIVATTOM, KOCHI-25. 8. PADMANABHAN NAIR, NEPHEW OF KRISHNA MENON, KARUVELIL HOUSE, NADAMA, THRIPOONITHURA-682 301. 9. BABY, S/O. KURIAKO, MAROKKIL, NADAMA, THRIPOONITHURA-682 301. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 02/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C No.3500 of 2007 ------------------------------------- Dated this the 2nd day of September, 2008 ORDER Petitioner is the defacto complainant in a crime registered alleging offences punishable, inter alia, under Sections 467 and 471 I.P.C. The crux of the allegation is that Will of the father of the petitioner was forged by the accused persons acting in collusion - 6 in number. Investigation is in progress. The petitioner has come to this Court with a grievance that no proper investigation is being conducted by the Investigating Officer. 2. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that in the light of the decision in Sakiri Vasu v. State of U.P [2008 AIR SCW 309], the petitioner is not entitled to approach this Court. On merits, the learned Public Prosecutor submits that the relevant document - a duplicate copy of the Will has been forwarded to the Forensic Science Laboratory for verifying the authenticity and genuineness of the signature of the deceased. Crl.M.C No.3500 of 2007 2 3. The learned counsel for the petitioner submits that the original Will has not been seized and has not been sent to the expert. The learned Public Prosecutor counters the contention by submitting that it is a registered Will and what has been sent to the expert is not a photocopy, but a duplicate copy with the original signature which is available in the Registrar's office. 4. After the decision in Sakiri Vasu v. State of U.P (supra) it is trite that person with a grievance like the one raised by the petitioner herein cannot rush to this Court with a petition under Section 482 Cr.P.C or Article 226 of the Constitution of India. He has an equally efficacious remedy under Section 156(3) Cr.P.C and without and before approaching the learned Magistrate with a prayer to invoke the powers under Section 156(3) Cr.P.C, such a petitioner cannot be permitted to rush to this Court with such a grievance. Crl.M.C No.3500 of 2007 3 5. I do not intend to express any final opinion on merits. I take note of the submission of the learned Public Prosecutor that the report of the Forensic Science Laboratory is awaited and as soon as the same is received, appropriate decision shall be taken about the final report to be filed. If the petitioner thinks that he has a just grievance about the quality of the investigation, needless to say, the petitioner's right to approach the learned Magistrate shall remain unfettered by the dismissal of this Crl.M.C. 6. This Crl.M.C is, in these circumstances, dismissed with the above observations. (R.BASANT, JUDGE) rtr/-