IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 28TH MARCH 2011 / 7TH CHAITHRA 1933 WP(C).No. 9078 of 2011(H) --------------------------------------- PETITIONER(S): ------------------------ MINI,D/O.RAJAMMA,MULLASSERIL VEEDU, CHINGOLI MURI, CHINGOLI VILLAGE,ALAPPUZHA. BY ADVS. SRI.K.KARTHIKEYA PANICKER, SMT.DAYA K. PANICKER. RESPONDENT(S): -------------------------- THE SUB INSPECTOR OF POLICE, KAREELAKULANGARA POLICE STATION, KAREELAKULANGARA,KAYAMKULAM,ALAPPUZHA 690 572. BY GOVERNMENT PLEADER SMT. M.K.PUSHPALATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C). No.9078 of 2011 -------------------------------------- Dated this the 28th day of March, 2011. JUDGMENT Petitioner preferred Ext.P1, private complaint originally before learned Judicial First Class Magistrate, Kayamkulam (now pending before learned Judicial First Class Magistrate, Harippad). Learned counsel submitted that on the complaint alleging offences punishable under Sections 120B, 465, 471 and 420 read with Section 34 of the Indian Penal Code, sworn statement of petitioner was recorded and thereafter learned Magistrate directed the respondent to investigate (obviously under Section 202 of the Code of Criminal Procedure as per the submission of the learned counsel). In the light of that direction respondent registered a case on 21.07.2010. Grievance of petitioner is that till now no investigation is conducted, not to say about submission of final report. Hence this petition for a direction to the respondent to investigate Ext.P1, complaint and submit a report. Learned counsel submitted that unless a direction is issued nothing worthwhile will happen. 2. There is no reason to think that if the learned Magistrate has issued a direction to investigate and submit final report, the Sub Inspector will not obey that. Assuming that there is disobeyance it is not as if learned Magistrate is without power to enforce compliance with the order. Petitioner can approach the learned Magistrate seeking appropriate relief if any. It so moved, learned WP(C) No.9078/2011 2 Magistrate shall call for a report from the Investigating Officer as to steps taken in the matter as directed by the learned Magistrate and the present stage of investigation. With the above direction this petition is closed. THOMAS P.JOSEPH, Judge. cks