IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 1ST JUNE 2010 / 11TH JYAISTHA 1932 WP(C).No. 1957 of 2010(Q) ------------------------- CRIME NO. 933 OF 2009 OF PANANGAD POLICE STATION CC.799 CC.2850/2009 of ADDL.C.J.M., ERNAKULAM .................... PETITIONER(S): ------------ K.M.SUHARA BEEVI,AGED 50,D/O.MUHAMMAD, RESIDING RENTED AT CHITHIRA HOUSE, KPPS NO.198, KATTITHARA ROAD, MARADU, MARADU VILLAGE, ERNAKULAM DISTRICT, PRESENTLY RESIDING AT PALAMPILLY HOUSE, FF/16/8, EDAKOCHI NORTH, KOCHI, ERNAKULAM DISTRICT, PIN-682010. BY ADV. SRI.MANJU ANTONEY SRI.K.JAYAKUMAR(CHERTHALA) RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 2. SUB INSPECTOR OF POLICE (SHO) PANANGAD POLICE, STATION, ERNAKULAM DISTRICT. WP(C).No. 1957 of 2010 -:2:- 3. ABDUL SAMAD, AGED 52 YEARS, S/O. SAID MUHAMMED, RESIDING AT PADINJAREKKARAYIL HOUSE, MANNOOR VILLAGE, PALAKKAD DISTRICT 4. HAMSA, AGED ABOUT 52,S/O.MOHAMMED, RESIDING AT ARAKKAVEETTIL, THRITHALLOOR P.O., AND DESOM, VADANAPPILLY VILLGE, THRISSUR DISTRICT 5. V.V.JOSE, AGED ABOUT 55 YEARS, S/O.VARUNNY, V.K.VARUNNY ENTERPRISES, TOKYO MARKET, VATANAPPALLY, THRISSUR DISTRICT. RESUDUBG AT VADAKKETHALA CHAKKANATTU HOUSE, KANDASAMKADAVU DESOM,KARAMUKKU VILLAGE, THRISSUR DISTRICT. PUBLIC PROSECUTOR SRI. HRITICK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * W.P. ( C) No. 1957 of 2010 * * * * * * * * * * * * * * * * * * Dated: Ist day of June, 2010 JUDGMENT Petitioner who is the de facto complainant in Crime No. 933 of 2009 of Panangad Police Station registered for offences punishable under Sections 498 A and 420 I.P.C. and whose case is now pending before the ACJM, Ernakulam as C.C. No. 2850 of 2009, seeks a direction to respondents 1 and 2, State of Kerala and Sub Inspector of Police, Panangad respectively to re- investigate/further-investigate the above case after arraying respondents 4 and 5 also as accused Nos. 2 and 3 in the above crime and after incorporating the offences punishable under Sections 380, 120B, 411, 413 and 414 read with Sec. 34 I.P.C. as well. The remedy of the petitioner after the decision of the Supreme Court in 2008 (1) KLT 724 - Zakiri Vasu v. State of U.P. is to approach the Magistrate concerned and not to move the High Court under Art. 226 of the Constitution. Hence without W.P. ( C) No. 1957 of 2010 -:2:- prejudice to the right of the petitioner to move the Magistrate for appropriate reliefs including the one for further investigation, this Writ Petition is disposed of. V. RAMKUMAR, (JUDGE)