IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 WP(C).No. 33363 of 2008(V) --------------------------------------- C.P. NO. 54/2008 OF ADDL.CHIEF JUDICIAL MAGISTRATE,TRIVANDRUM. .................... PETITIONER: ------------------- NOUSHAD, AGE 46, S/O.SREEDHARAN, APSARA, KOZHIYOTTU LANE, PETTAH, THIRUVANANTHAPURAM. BY ADV. SRI.SHAJIN S.HAMEED. RESPONDENTS: ----------------------- 1. THE DIRECTOR GENERAL OF POLICE, KERALA. 2. THE ADDITIONAL DIRECTOR GENERAL OF POLICE, CRIMES, THIRUVANANTHAPURAM. 3. THE SUPERINTENDENT OF POLICE, C.B.C.I.D, THIRUVANANTHAPURAM. 4. THE DEPUTY S.P., C.B.C.I.D, THIRUVANANTHAPURAM. 5. THE DETECTIVE INSPECTOR, C.B.C.I.D, THIRUVANANTHAPURAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - W.P.C.No. 33363 of 2008 V - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of November, 2008 JUDGMENT The petitioner faces indictment in a prosecution for offences punishable, inter alia, under Sections 120B, 498A and 306 I.P.C. He is the first accused. His uncle-in-law is the second accused. 2. The crux of the allegations against the petitioner and the co-accused is that the petitioner was guilty of matrimonial cruelty of a culpable variety against his wife. The second accused was guilty of coercing the deceased to enter into financial transactions and of vexing and harassing her. It is alleged that accused 1 and 2 had entered into a conspiracy to vex and harass and extract amounts from her. A suicide note was also left by the deceased, in which there was no specific reference to the petitioner herein. Cognizance has been taken on the basis of the final report submitted by the police after due investigation. Crime was registered under Section 174 Cr.P.C. W.P.C.No. 33363 of 2008 2 3. The learned counsel for the petitioner submits that the petitioner is absolutely innocent of the allegations raised. At any rate, there is nothing to substantiate the allegation under Section 120B I.P.C. The petitioner does not deserve to stand the undeserved trauma and agony of facing a Sessions trial. In these circumstances the extra ordinary inherent jurisdiction under Article 226 of the Constitution may be invoked to quash the proceedings, it is prayed. 4. The learned counsel for the petitioner further submits that no proper investigation has been conducted and further investigation deserves to be conducted. According to him, not he but the mother of the deceased was a conspirator along with the second accused and it is they who had coerced the deceased to commit suicide. 5. I am afraid, the prayer cannot be accepted. Any person who has a grievance about inadequate investigation cannot come before this Court with a petition under Article 226 of the Constitution or under Section 482 Cr.P.C. except on exceptional grounds. Ordinarily he must seek such relief under Section 156(3) or 173(8) Cr.P.C. from the Magistrate concerned. The plea that the petitioner is not guilty of W.P.C.No. 33363 of 2008 3 the offence and proceedings against him deserves to be prematurely terminated is again one which he has to urge before the court concerned at the stage of Section 227/228 Cr.P.C. I am not persuaded to agree that there are any circumstance which can justify or warrant invocation of the extra ordinary inherent jurisdiction under Article 226 of the Constitution or Section 482 Cr.P.C. 6. This writ petition is accordingly dismissed. I may hasten to observe that the dismissal of this writ petition will not fetter the rights of the petitioner to seek appropriate direction regarding investigation under section 156(3) or 173(8) Cr.P.C. (R. BASANT) Judge tm