IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 12TH NOVEMBER 2009 / 21ST KARTHIKA 1931 WP(C).No. 28268 of 2009(O) ---------------------------------- PETITIONER(S): A1 -------------------------- JOSHY AGED 37 YEARS, S/O. VARKEY KANDATHIL HOUSE, THRIKKAKKARA.P.O., VAZHAKKALA VILLAGE, KANAYANNUR TALUK, ERNAKULAM. BY ADV. MR.C.P.UDAYABHANU MR.R.HARIKRISHNAN (VADAKEYIL) RESPONDENT(S): COMPLAINANT ---------------------------------------------- 1. STATE OF KERALA REP. BY THE SUB INSPECTOR OF POLICE (CRIME 1214/09) PALARIVATTOM POLICE STATION REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. STATE OF KERALA REP. BY TH DEPUTY POLICE COMMISSIONER, KOCHI CITY, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. GOVERNMENT PLEADER MR. S.U. NAZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SS M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C)No. 28268 OF 2009 =========================== Dated this the 12th day of November,2009 JUDGMENT The first accused in Crime 1214/2009 of Palarivattom Police Station filed this petition under Article 226 of the Constitution of India for a proper and fair investigation and file a final report. By Ext.P2 order while granting anticipatory bail, learned Sessions Judge, Ernakulam directed that the investigation is to be taken over by Deputy Commissioner of Police, Kochi. That order was passed only on 24.8.2009. Learned Government pleader submitted that Deputy Commissioner has already taken over the investigation and the investigation is in progress. Learned counsel appearing for the petitioner submitted that a direction is to be issued to file a statement showing the progress of the investigation. As held by the Apex Court in Sakiri Vasu v. State of U.P (2008(1) KLT 724), when petitioner has a remedy under section 156(3) of Code of Criminal Procedure he is to approach the learned Magistrate for any direction and without approaching the learned Magistrate is not W.P.(C)28268/2009 2 entitled to approach this court by filing a petition under Article 226 of the Constitution of India. 2. With liberty to move the Magistrate for appropriate direction under section 156(3) of Code of Criminal Procedure, petition is disposed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006