IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 WP(C).No. 14472 of 2008(W) -------------------------- PETITIONER: PETITIONER ---------------------- AUJAN INDUSTRIES,P.O.NO.990,DAMMAM,31421 KINGDOM OF SAUDI ARABIA,REP.BY ITS POWER OF ATTORNEY K.SANTHOSH,S/O.C.K.P.KUTTY,AGED 30, PUBLIC RELATIONS OFFICER,M/S.FINTRESTIC PVT.LTD., APPLE TOWERS,PALARIVATTOM,EDAPPALLY,COCHIN-24. BY ADV. SRI.K.R.SUNIL RESPONDENTS: RESPONDENTS ------------------------ 1. THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA DISTRICT. 2. THE SUB INSPECTOR OF POLICE, PATHANAPURAM POLICE STATION, PATHANAMTHITTA DISTRICT. 3. DHARMAJAN,S/O.SATHYAVRITHAN,AGED 47, LAKSHMI SADAN BUNGLOW,SATHYANMUKKU, PIDAVOOR P.O.,VIA,KUNNIKODE, KOLLAM DISTRICT. BY GOVERNMENT PLEADER SRI.GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J. ---------------------- W.P.C.No.14472 of 2008 ---------------------------------------- Dated this the 17th day of June 2008 J U D G M E N T When this petition was filed, the grievance of the petitioner was that no crime is registered on the basis of Ext.P1 complaint submitted by the petitioner to the police. The learned Public Prosecutor, informs the court that crime No.368/08 of Pathanapuram police station has already been registered and investigation is in progress. Appropriate decision shall be taken by the investigating officer, it is submitted. 2. The petition shows that relief has been claimed that investigation has to be conducted by some superior police official and not the second respondent herein. After the decision in Sakiri Vasu v. State of U.P & Others [2008 AIR SCW 309], it is trite that a complainant having grievance about the quality of the investigation can approach the learned Magistrate and the attempt to come to this court at the first instance with a petition under Article 226 of the Constitution of India or under Section 482 Cr.P.C cannot be accepted. 3. In the result, this writ petition is dismissed; but with the observation that the petitioner's option to approach the learned Magistrate under Section 156(3) Cr.P.C with his grievance about the alleged inadequate investigation, if any, shall remain unfettered. (R.BASANT, JUDGE) jsr W.P.C.No. 2 W.P.C.No. 3 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007