IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 WP(C).No. 3517 of 2008(R) ------------------------- PETITIONER: ------------ SAJEEV KUMAR, AGED 50,S/O.BHASKARAN NAIR LEKSHMI BHAVAN, VAZHAMUTTOM EAST, P.O.MALLISSERY, PATHANAMTHITTA. BY ADV. SRI.S.MUHAMMED HANEEFF RESPONDENTS: ------------- 1. ASSISTANT EXCISE COMMISSIONER, PATHANAMTHITTA. 2. EXCISE COMMISSIONER, THIRUVANANTHAPURAM. 3. CIRCLE INSPECTOR OF POLICE, PATHANAMTHITTA. 4. DISTRICT COLLECTOR, PATHANAMTHITTA DISTRICT, PATHANAMTHITTA. 5. SUPERINTENDENT OF POLICE, PATHANAMTHITTA DISTRICT, PATHANAMTHITTA. 6. STATE OF KERALA, REPRESENTED BY SECRETARY TO THE GOVERNMENT, EXCISE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 7. ABDUL SALAM, CIRCLE INSPECTOR OF EXCISE, PATHANAMTHITTA. BY GOVERNMENT PLEADER SRI GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J ------------------------------------ W.P(C).No.3517 of 2008 ------------------------------------- Dated this the 20th day of February, 2008 JUDGMENT Petitioner is an accused facing allegations of having committed offences under the Kerala Abkari Act. He has a grievance that the allegations are raised vexatiously against him by the 7th respondent. His grievance is that the 7th respondent is not conducting a proper investigation. He prays that appropriate directions may be issued to ensure the conduct of a proper investigation. 2. After the decision in Sakiri Vasu v. State of U.P [2008 AIR SCW 309], it is for the petitioner to appear before the learned Magistrate and raise his objections if any against the conduct of the investigation. The learned Magistrate must consider such grievances and issue appropriate directions under Section 156(3) Cr.P.C to ensure the conduct of a proper investigation. The existence of the equally efficacious alternative remedy which has been held in Sakiri Vasu must persuade this Court to discourage the petitions like the instant one being filed before this Court at the first instance. W.P(C).No.3517 of 2008 2 3. I am satisfied, in these circumstances, that this Writ Petition only deserves to be dismissed with appropriate direction/observation. 4. This Writ Petition is accordingly dismissed, but I make it clear that dismissal of this petition will not in any way fetter the rights of the petitioner to approach the learned Magistrate for issue of appropriate direction under Section 156(3) Cr.P.C to ensure the conduct of a proper investigation. Needless to say that if the petitioner is dissatisfied with such direction, the option of the petitioner to approach this Court shall remain unfettered. (R.BASANT, JUDGE) rtr/-