IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 23RD SEPTEMBER 2008 / 1ST ASWINA 1930 WP(C).No. 36856 of 2007(K) -------------------------- PETITIONER(S): --------------- K.PADMANABHA DAS, S/O KARUNAKARA PANICKER, T.C.36/1895, 'SREELEKSHMI', SANGAMAM NAGAR, VALLAKKADAVU, THIRUVANANTHAPURAM-8, NOW R/AT 'ASHTAPADI', NEAR FORT HIGH SCHOOL, FORT, THIRUVANANTHAPURAM. BY ADV. SRI.M.BALAGOVINDAN SRI.T.K.ANANDA PADMANABHAN RESPONDENTS(S): ---------------- 1. STATE OF KERALA, REPRESENTED BY STATE PROSECUTOR, HIGH COURT, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, FORT POLICE STATION, FORT P.O., THIRUVANANTHAPURAM. 3. SUPERINTENDENT OF POLICE, CRIME BRANCH(C.I.D.), THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J. ---------------------- W.P.C.No.36856 of 2007 ---------------------------------------- Dated this the 23rd day of September 2008 J U D G M E N T The petitioner is the de facto complainant/injured in a crime registered alleging the offence punishable under Section 308 read with 34 I.P.C. The short grievance of the petitioner is that no proper investigation has been conducted by the police into the crime registered at his instance. Called upon to explain how in the light of the decision in Sakiri Vasu v. State of U.P & Others [2008 AIR SCW 309] as followed by this court in Vasanthi Devi v. Sub Inspector of Police [2008(1) KLT 945] this petition under Article 226 of the Constitution of India by the petitioner is maintainable, the learned counsel for the petitioner only submits that the petitioner may be permitted to approach the learned Magistrate seeking appropriate relief under Section 156(3) Cr.P.C. 2. Request of the petitioner is accepted. This writ petition is dismissed as agreed making it clear that the dismissal of this writ petition will not stand in the way of the petitioner approaching the learned Magistrate with appropriate application seeking directions under Section 156(3) Cr.P.C. (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