IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 WP(C).No. 5887 of 2008(A) ------------------------- CRIME NO. 621/03 OF IRINJALAKUDA POLICE STATION PETITIONER: ------------ KHALID, AGED 55 YEARS, S/O. ISMAIL, PUTHENTHERUVIL HOUSE, PULLUT VILLAGE, PULLUT DESOM, KODUNGALLUR TALUK. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM. 2. CENTRAL BUREAU OF INVESTIGATION, REPRESENTED BY THE SUPERINTENDENT, CENTRAL BUREAU OF INVESTIGATION, REGIONAL OFFICE, CHENNAI. R1 BY GOVT. PLEADER SRI. GIKKU JACOB R2 BY ADV. SRI. S. SREEKUMAR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - W.P(C).No. 5887 of 2008 A - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of February, 2008 JUDGMENT The petitioner is the unfortunate father of a woman, who met with her death while she was residing in her matrimonial home, within 73 days of her marriage. A crime under the caption 'unnatural death' was initially registered and investigation was conducted. Ext.P3 final report was filed raising allegations only under Section 498A r/w. 34 I.P.C. Dissatisfied with the said final report, the petitioner moved the learned Magistrate for a direction to conduct further investigation. By Ext.P10 order, the said request was accepted and the learned Magistrate directed conduct of a further investigation. While that investigation was in progress, the petitioner came before this Court and this Court by Ext.P14 judgment took note of the fact that the further report has already been filed and left it to the petitioner to raise his objections against the final/further report. In Ext.P13 further report that is filed allegations are raised under Section 304B and W.P(C).No. 5887 of 2008 2 306 I.P.C. in addition to the initial allegations raised under Section 498A I.P.C. 2. The petitioner claims to be aggrieved by the investigation conducted by the CBCID, which led to the filing of the further report, Ext.P13. The petitioner wants this Court to invoke the powers under Article 226 of the Constitution to issue appropriate direction for conduct of a further investigation now. 3. The learned counsel for the petitioner was requested to explain how this request is maintainable in the light of the decision in Sakiri Vasu v. State of U.P. (2008 AIR SCW 309). That decision is authority for the proposition that a person aggrieved by the nature of investigation conducted (this must include further investigation also) cannot come straight away to the High Court with a prayer to invoke the powers under Section 482 Cr.P.C. or Article 226 of the Constitution. Such a person can get his grievance redressed and remedied by seeking appropriate direction from the learned Magistrate under Section 156(3) Cr.P.C. In Ext.P14, I note that another Bench of this Court has specifically stated that the petitioner can take appropriate W.P(C).No. 5887 of 2008 3 steps in case the final report suffers from any infirmity. After the decision in Sakiri Vasu the course available to the petitioner is to go before the Magistrate and raise whatever objections he has against Ext.P13 report before the Magistrate. The Magistrate can direct further investigation under Section 173(8) Cr.P.C. if he is so satisfied. If the learned Magistrate is satisfied that the available materials would justify taking of cognizance under any other penal provisions, that can also be done. Appropriate further direction for the proper conduct of the investigation can also be issued. At any rate, I am not satisfied that the petitioner can come to this Court with this petition under Article 226 of the Constitution without and before exhausting such remedy. 4. This Writ Petition is accordingly dismissed with the above observations. (R. BASANT) Judge tm W.P(C).No. 5887 of 2008 4