IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 WP(C).No. 33173 of 2008(Y) -------------------------- CRIME NO.687 OF 2008 OF PUTHENCRUZ POLICE STATION PETITIONER(S): --------------- K.C.MOHANAN, 32 YEARS, S/O.CHOTHY, KADALAKUZHIYIL HOUSE, PARIYAROM KARA, IKKARANADU SOUTH VILLAGE, MEEMBARA.P.O, KUNNATHUNAD TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.ANANDAN PILLAI RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, PUTHENCRUZ. 2. SUPERINTENDENT OF POLICE,ERNAKULAM (RURAL) ALUVA. BY GOVT. PLEADER SRI. S.U. NAZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - W.P.C.No. 33173 of 2008 Y - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of November, 2008 JUDGMENT Against the petitioner, Crime No. 687 of 2008 of Puthencruz police station has been registered alleging the offence punishable under Section 376 I.P.C. The crux of the allegations is that a young girl, aged less than 18 years, had become pregnant on account of forcible sexual intercourse committed by the petitioner in her house. The girl had become pregnant and the complaint is seen lodged only after the girl was pregnant by about five months. The father of the girl had lodged a complaint on her behalf and in that complaint it is alleged before the police that it was the petitioner herein who had compelled her forcibly to undergo sexual intercourse at her house. The crime has been registered. Investigation is in progress. 2. According to the petitioner, the allegations raised against him are totally false. No proper investigation is being conducted. There were indications to suggest that the father of W.P.C.No. 33173 of 2008 2 the girl had earlier filed a complaint raising similar allegations against another individual, it is alleged. Though such an assertion has been made by the petitioner, nothing tangible is placed before court to indicate that such an inconsistent earlier allegation was raised by the girl or her parents before any authority. According to the petitioner he is a politically active person. He belongs to a political outfit which is in the opposition now and according to him false allegations are being raised against him with the sole intention of vexing and harassing him. It is, in these circumstances, prayed that the F.I.R. against him may be quashed. A proper investigation may be directed to be conducted to ascertain the truth and to exonerate the petitioner. 3. I have considered all the relevant circumstances. At the moment and with the available inputs, there is absolutely nothing to assume that the allegations are raised against the petitioner on account of political animosity and for the purpose of vexing and harassing him. I have no reason to assume that a proper investigation is not being conducted into the matter. No specific instance of inadequacy of investigation is being pointed out. I am, in these circumstances, W.P.C.No. 33173 of 2008 3 satisfied that the extra ordinary constitutional jurisdiction under Article 226 does not deserve to be invoked. 4. It is trite after the decision in Sakiri Vasu v. State of U.P. (2008 (1) KLT 724)(SC) that a person like the petitioner, who is dissatisfied with the investigation conducted, cannot rush to this Court directly with an application under Article 226 of the Constitution or under Section 482 Cr.P.C. without and before choosing to request the Magistrate to invoke his powers under Section 156(3) Cr.P.C. I am, in these circumstances, satisfied that this writ petition only deserves to be dismissed. 5. This Writ Petition is dismissed. I may hasten to observe that I have not intended to express any opinion on the complicity, if any, of the petitioner nor shall dismissal of this writ petition fetter the rights of the petitioner to seek appropriate directions under Section 156(3) Cr.P.C. from the learned Magistrate. (R. BASANT) Judge tm