IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 2ND JUNE 2008 / 12TH JYAISHTA 1930 WP(C).No. 14719 of 2008(B) -------------------------- PETITIONER: ------------ ANTO C.L., S/O.LAZAR, INDU VILLA, I.Q.ROAD, CHALAKUDY P.O., THRISSUR DISTRICT. BY ADV. SRI.ALAN PAPALI SRI.SOJAN MICHEAL RESPONDENTS: ------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J ------------------------------------ W.P(C). No.14719 of 2008 ------------------------------------- Dated this the 2nd day of June, 2008 JUDGMENT Petitioner, who is the defacto complainant in Crime 666 of 2007 of Chalakkudy Police Station, has come to this Court now with a complaint that proper investigation is not being conducted into that case by the police. 2. In the light of Sakiri Vasu v. State of U.P [2008 AIR SCW 309], it is for the petitioner to explain why the petitioner has not chosen to move the learned Magistrate to invoke its powers under Section 156(3) Cr.P.C and why without and before approaching the learned Magistrate, the petitioner has chosen to come before this Court. Even as per the dictum in Sakiri Vasu (supra) if there are exceptional reasons, this Court would be justified in entertaining such an application filed under Article 226 of the Constitution of India. But in the absence of any exceptional and satisfactory reasons, the petitioner has to be relegated to seek his remedy before the learned Magistrate under Section 156 (3) Cr.P.C. W.P(C). No.14719 of 2008 2 3. No compelling circumstances have been brought to my notice which can persuade this Court to invoke the powers under Article 226 of the Constitution of India or Section 482 Cr.P.C on this application directly made by the petitioner before this Court. It is for the petitioner to move the learned Magistrate and seek appropriate direction under Section 156(3) Cr.P.C. If such an application is filed before the learned Magistrate, needless to say, the learned Magistrate has to consider the same in the light of the dictum in Sakiri Vasu and pass appropriate orders on merits. 4. This Writ Petition is, in these circumstances, dismissed with the above observations. (R.BASANT, JUDGE) rtr/-