IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 27TH AUGUST 2008 / 5TH BHADRA 1930 WP(C).No. 28066 of 2007(N) -------------------------- PETITIONER: ------------ GOMON, S/O. T.K.BABU, MAMBALLYPURATHU, MUDIYOORKONAM, PANDALAM, PATHANAMTHITTA DISTRICT. BY ADV. SMT.A.SALINI LAL RESPONDENTS: ------------- 1. THE DIRECTOR, CBCID, ENJAICKAL, THIRUVANANTHAPURAM. 2. SUPERINTENDENT OF POLICE, ALAPPUZHA. 3. THE DEPUTY SUPERINTENDENT OF POLICE, CRIME DETACHMENT, ALAPPUZHA. BY GOVERNMENT PLEADER SRI. GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF F.I.R. DT.31.10.06. EXT.P2 TRUE COPY OF COMMUNICATION FROM HOME MINISTER'S OFFICE. /TRUE COPY/ R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - W.P.C.No. 28066 of 2007 N - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of August, 2008 JUDGMENT The petitioner is the defacto complainant in Crime No. 364 of 2006 of Nooranadu police station. That crime is registered alleging offences punishable, inter alia, under Sections 452 and 307 I.P.C. Altogether four accused persons have been arrayed in that crime. According to the petitioner, no proper investigation is being conducted by the police. The petitioner has come to this Court with a prayer that appropriate direction may be issued to ensure that a proper investigation is conducted. 2. After the decision in Sakiri Vasu v. State of U.P. (2008 (1) KLT 724 (SC) which has been followed by this Court in Vasanthi Devi v. S.I. of Police (2008 (1) KLT 945) a person like the petitioner, who has a grievance about the investigation conducted cannot rush to this court with an application under Article 226 of the Constitution or under Section 482 Cr.P.C. without -: 2 :- and before exhausting the remedy available to him under Section 156(3) Cr.P.C. 3. The statement filed by the Investigating Officer reveals that the investigation is almost complete. All the four accused have by now been arrested or surrendered. Within a period of one month the final report shall be filed, submits the learned Prosecutor. 4. I am of the opinion that it is for the petitioner in these circumstances to approach the learned Magistrate if he is aggrieved by the nature of investigation conducted by the police, whereupon the learned Magistrate must take appropriate decision and pass appropriate orders in the light of the decision in Sakiri Vasu (supra). 5. With the above observations this writ petition is dismissed. (R. BASANT) Judge tm