HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.17373 of 2010 Date: July 21, 2010 Between: D.C. David. … Petitioner And 1. The Superintendent of Police, District Nellore and 2 others. … Respondents * * * HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.17373 of 2010 ORDER: The grievance of the petitioner is with regard to the post-mortem report dated 27.3.2010 in Crime No.6 of 2010 of Somasila P.S., Sri Potti Sriramulu Nellore District. He seeks a consequential direction to the respondent authorities to conduct the post-mortem afresh on the body of the deceased and investigate the matter. 2. The petitioner is the father of the deceased, who died on 25.3.2010. It is his case that the post-mortem conducted upon the body of the deceased on the said date was not in accordance with the procedure and therefore, the report thereof is incorrect. He accordingly wants a fresh post-mortem to be conducted on the body of the deceased and further investigation to be initiated in the matter. 3. As pointed out by the Supreme Court in Sakiri Vasu v. State of U.P[1], ordinarily this Court in exercise of jurisdiction under Article 226 of the Constitution would not entertain complaints into the lapses on the part of police authorities in conducting investigation in an alleged offence. The proper course in such cases is for the complainant to invoke jurisdiction of the Magistrate concerned under Section 156 (3) of the Code of Criminal Procedure. The Magistrate is empowered to monitor the investigative process and ensure that proper investigation is obtained. Without availing this efficacious alternative remedy, the petitioner approached this Court directly by way of the present writ petition. 4. The writ petition is therefore dismissed at the threshold leaving it open to the petitioner to avail the proper remedy under the Code of Criminal Procedure. No costs. ___________________ SANJAY KUMAR, J Date: July 21, 2010. BSB [1] (2008) 2 SCC 409