IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 23RD MAY 2008 / 2ND JYAISHTA 1930 WP(C).No. 15098 of 2008(V) -------------------------- ST.724/2006 of J.M.F.C.-IX, THIRUVANANTHAPURAM .................... PETITIONER: ------------ K.M.KARUNAKARAN, S/O.MADHAVAN PANICKER, ROSE COTTAGE,PALLIMUKKU,PETTAH, THIRUVANANTHAPURAM. BY ADV. SRI.BIJU BALAKRISHNAN RESPONDENTS: ------------- 1. THE CITY POLICE COMMISSIONER, THIRUVANANTHAPURAM. 2. THE SUB INSPECTOR OF POLICE, NEYYATTINKARA POLICE STATION. 3. VINOD S.NAIR, SILPA,T.C.26/2047 (1), TUTORS LANE,STATUE, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J ------------------------------------ W.P(C). No.15098 of 2008 ------------------------------------- Dated this the 23rd day of May, 2008 JUDGMENT Petitioner had come to this Court earlier complaining that no crime is registered on a complaint filed by him. It was reported in that proceedings that crime No.318 of 2007 of Central Police Station was registered on 09.11.07 on the basis of the said complaint. Earlier application -- W.P(C).30227 of 2007, was thus dismissed with observations on 16.11.07. 2. The petitioner has now come again to this Court. The present grievance is that no proper investigation has been conducted by the Investigating Officer. The learned counsel for the petitioner submits that in spite of the direction issued in para.2 of the earlier order (copy is produced as Ext.P4), no proper investigation has been conducted. 3. After the decision in Sakiri Vasu v. State of U.P [2008 AIR SCW 309], if the petitioner has grievance against the quality of the investigation conducted, it is for the petitioner, ordinarily and normally and in the absence of exceptional reasons, to approach the learned Magistrate and seek appropriate W.P(C). No.15098 of 2008 2 directions under Section 156(3) Cr.P.C. That having not been done, I find no special or adequate reasons which can persuade this Court to deviate from the normal rule propounded in Sakiri (supra) and entertain this Writ Petition. 4. This Writ petition is accordingly dismissed, but I make it clear that the dismissal of this writ petition will not in any way fetter the rights of the petitioner to approach the learned Magistrate for appropriate directions under Section 156(3) Cr.P.C to ensure expeditious and effective investigation. If such application is filed, needless to say that the learned Magistrate must consider the same and pass appropriate orders in terms of the decision in Sakiri. (R.BASANT, JUDGE) rtr/-