IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 24TH NOVEMBER 2009 / 3RD AGRAHAYANA 1931 WP(C).No. 33639 of 2009(Q) --------------------------------------- CC.771/2007 of JUDL. FIRST CLASS MAGISTRATE COURT -I,PATHANAMTHITTA CRIME NO.222/2007 OF PATHANAMTHITTA POLICE STATION. .................... PETITIONER(S): ---------------------- K.V. ABDUL NAZAR, ANGAKATHU HOUSE, MULAVALLOOR, PALAKKAL ROAD, CHAVAKKAD P.O.,THRISSUR DISTRICT. BY ADV. MR.SUNIL JACOB JOSE RESPONDENT(S): ------------------------ 1. THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA,PATHANAMTHITTA DISTRICT. 2. THE SUB INSPECTOR OF POLICE, PATHANAMTHITTA POLICE STATION,PATHANAMTHITTA. 3. MANEESH MOHAN, S/O.P.D.MOHANAN, PANNAPPATTU HOUSE,NIRANAM VADAKKU MURI, KADAPRA,THIRUVALLA. 4. SURESH SREEDHARAN, KONNATH ADIMURIYIL HOUSE,PERINGANADU,ADOOR. 5. JANARDHANAN,S/O.KANNAN NAIR, VALIYERI HOUSE,PUTHUMUR,PERALAM, KANNUR DISTRICT. R1 & R2 BY GOVERNMENT PLEADER MR.SALIM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C).No. 33639 OF 2009 =========================== Dated this the 24th day of November,2009 JUDGMENT This petition is filed under Article 226 of the Constitution of India for a direction to the first respondent, the Superintendent of Police, Pathanamthitta to conduct an investigation as sought for in Ext.P3 complaint filed under sub section (3) of Section 154 (3) of the Code of Criminal Procedure, alleging that inspite of Ext.P3 petition no investigation is being conducted. Petitioner also sought a direction for joint trial of C.C.771/2007 pending before the court, with the case, which according to petitioner would arise on investigation and filing of final report on Ext.P3 petition. 2. As declared by the Apex Court in Sakiri Vasu v. State of U.P (2008(1) KLT 724) when the case of the petitioner is that a complaint filed before the Station House Officer or the Superior Officer is not being investigated, remedy of the petitioner is not to approach the High Court either under section 482 of Code of Criminal Procedure or under Article 226 of W.P.(C) 33639/2009 2 Constitution of India but to approach the concerned Magistrate under section 156(3) of Code of Criminal Procedure. Petitioner is not entitled to approach this court without approaching the Magistrate concerned. There cannot be a joint trial of C.C.771/2007 with a case which is yet to be registered and a final report is filed. Hence petition is dismissed granting liberty to the petitioner to approach the Magistrate under section 156(3) of Code of Criminal Procedure. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006