IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 WP(C).No. 3302 of 2009(R) ------------------------- CMP.5554/2008 of J.M.F.C.,KOTTAYAM .................... PETITIONER(S): --------------- ICY JOHN, AGED 30 YEARS, D/O. CHANDY JOHN, RESIDING AT VATTAKUNNEL, PULICKAL, MUTTAMABALM,KOTTAYAM. BY ADV. SRI.M.J.THOMAS RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE HOME SECRETARY, GOVERNMENT SECRETARIAT, THIRUVNANTHAPURAM. 2. THE DIRECGTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 3. THE INSPECTOR GENERAL OF POLICE, CRIME BRANCH, THIRUVANANTHAPURAM. 4. THE SUPERINTENDENT OF POLICE, KOTTAYAM. 5. THE DY. SUPERINTENDENT OF POLICE, KOTTAYAM. 6. THE SUB INSPECTOR OF POLIC, KOTTAYAM EAST POLICE STATION. BY GOVERNMENT PLEADER SRI.GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J ------------------------------------ W.P(C). No.3302 of 2009 ------------------------------------- Dated this the 30th day of January, 2009 JUDGMENT Petitioner is the defacto complainant/informant in Crime No.514 of 2008 of Kottayam East Police Station. Crime has been registered. The said crime was being investigated, inter alia, under Sections 326 and 308 I.P.C. Investigation was going on. Dissatisfied with the quality of investigation, the petitioner came to this Court complaining about the inadequate investigation. By order dt.06.10.08 in W.P(C) No.29343 of 2008 (a copy of which is produced as Ext.P4), the petitioner was directed to approach the learned Magistrate and make necessary application under Section 156(3) Cr.P.C. According to the petitioner, she, thereafter filed Ext.P5 petition before the learned Magistrate. That petition is still pending before the learned Magistrate. In the meantime after the inadequate investigation, a final report has already been filed before the learned Magistrate. The petitioner has, in these circumstances, rushed to this Court seeking further directions under Article 226 of the Constitution of India. W.P(C). No.3302 of 2009 2 2. Ext.P5 application is pending before the learned Judicial Magistrate of the First Class-I, Kottayam. The petitioner has a grievance against the final report that has already been filed. The petitioner can certainly raise her objections against the final report before the learned Magistrate and the learned Magistrate must consider such petitions of the petitioner and pass appropriate orders. I find absolutely no justification in the petitioner rushing to this Court. The petitioner can bring to the notice of the learned Magistrate that Ext.P5 application is pending even now. She can raise further objections, if any, against the final report. The learned Magistrate must consider all the petitions and pass appropriate directions under Section 156(3) Cr.P.C or Section 173(8) Cr.P.C. 3. This W.P(C) is dismissed with the above observations. 4. Hand over a copy of this judgment to the learned counsel for the petitioner. (R.BASANT, JUDGE) rtr/-