IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 21ST FEBRUARY 2008 / 2ND PHALGUNA 1929 WP(C).No. 6164 of 2008(H) ------------------------- PETITIONER: ------------ E.A.SHIBUMON, AGED 26, S/O.E.M.ASHRAF, C.C.XIII/555A, CHITTUPARAMBU ROAD, KOCHANGADIKARA, THOPPUMPADY. BY ADV. SRI.VARGHESE C.KURIAKOSE RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, HOME DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE INSPECTOR GENERAL OF POLICE, ERNAKULAM. 3. THE COMMISSIONER OF POLICE, ERNAKULAM. 4. THE ASSISTANT COMMISSIONER OF POLICE, (CRIME BRANCH), ERNAKULAM. 5. THE ASSISTANT COMMISSIONER OF POLICE, MATTANCHERRY. 6. THE CIRCLE INSPECTOR OF POLICE, MATTANCHERRY. 7. THE SUB INSPECTOR OF POLICE, MATTANCHERRY. BY GOVERNMENT PLEADER ADV.SRI.GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` W.P.(C) No. 6164 OF 2008 H ```````````````````````````````````````````````````` Dated this the 21st day of February, 2008 J U D G M E N T The grievance of the petitioner is that no proper investigation is being conducted into crime No.104/08 of Mattancherry police station. That crime was registered on 28.1.08 about the death under unnatural and suspicious circumstances of the petitioner's sister. Investigation was earlier conducted by the 6th and 7th respondents. Now, the 5th respondent(Assistant Commissioner of Police, Mattancherry) is conducting the investigation. The petitioner filed this petition with the grievance that even now no proper investigation is being conducted. 2. Today, when the matter came up for admission, the learned counsel for the petitioner was requested to explain how in the light of the decision in Sakri Vasu Vs. State of U.P. [ 2008 AIR SCW 309] the petitioner can approach this WPC.6164/08 : 2 : Court for issue of direction under Article 226 of the Constitution. He has not approached the learned Magistrate for issue of any directions. The learned counsel for the petitioner submits that yesterday evening, after the filing of this petition, it is seen that the 5th respondent has undertaken serious investigation. The learned counsel for the petitioner, in these circumstances, submits that no specific directions need now be issued in this writ petition and that this writ petition may be closed with the observation that the petitioner's rights under law, if proper investigation is not conducted, shall remain unfettered. I accept the said submission. This writ petition is accordingly dismissed without prejudice to the rights of the petitioner, if later he has a grievance that the investigation is not being conducted properly. (R.BASANT, JUDGE) aks