IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 28TH MARCH 2008 / 8TH CHAITHRA 1930 WP(C).No. 4981 of 2008(R) ------------------------- PETITIONER: ------------ DHARANI, AGED 74 YEARS W/O.LATE UNNIKRISHNAN, PANAMATTATHU HOUSE KADAVANTHRA, ERNAKULAM. BY ADV. SRI.RAJESH VIJAYAN RESPONDENTS: ------------- 1. STATE OF KERALA REP. BY SECRETARY TO GOVERNMENT, HOME DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE THIRUVANANTHAPURAM. 3. THE D.I.G. OF POLICE, CENTRAL ZONE CAMP OFFICE, ERNAKULAM. 4. THE COMMISSIONER OF POLICE ERNAKULAM CITY. 5. CIRCLE INSPECTOR OF POLICE TOWN SOUTH CIRCLE, OFFICE THEVARA. BY GOVERNMENT PLEADER SRI.GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- W.P.(c) No. 4981 of 2008-R ------------------------------------------------- Dated this the 28th day of March, 2008 JUDGMENT The petitioner is the mother of the deceased in Crime No.722/08 of the Ernakulam Town South Police Station. The said crime is registered for offences punishable, inter alia, under Sec.302 of the IPC. Investigation is in progress. The 5th respondent is conducting the investigation. The petitioner has come to this Court with a grievance that no proper investigation is being conducted. 2. Notice was given to the learned Government Pleader. A statement has been filed by the 4th respondent. The learned Government Pleader contends that in the light of the decision in Sakiri Vasu v. State of U.P. (2008 (1) KLT 724 (SC)) the petitioner's option is to go before the learned Magistrate and raise objections, if any, against the nature and quality of W.P.(c) No. 4981 of 2008 -: 2 :- the investigation. The petitioner cannot straightaway come to this Court with a grievance that no proper investigation is being conducted. In the light of the decision referred above the learned Magistrate must be approached first with the grievance, if any, about the allegedly improper investigation. It is only thereafter that the petitioner can, if at all, come to this Court with such grievance about the alleged inadequacy in the investigation. 3. I find merit in the contention of the learned Government Pleader. In the light of the decision in Sakiri Vasu which has been followed in Vasanthi Devi v. S.I. of Police (2008 (1) KLT 945), I am satisfied that the petitioner who, it is held, has an effective alternative remedy to get his grievance about the improper investigation redressed under Sec.156(3) of the Cr.P.C. must first approach the learned Magistrate. 4. In the light of the said decisions referred above, if such an application is filed before the learned Magistrate, the learned Magistrate, needless to say, must consider such application on merits and pass appropriate orders. 5. With the above observations this writ petition is dismissed. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge