IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 WP(C).No. 6314 of 2008(B) ------------------------- PETITIONER: ------------ NARAYANAN, S/O. KARUPPAN, AGED 60 YEARS, THAZHATHEPURAKKAL HOUSE, ANAMANGAD P.O., PERINTHALMANNA (VIA), MALAPPURAM DISTRICT. BY ADV. SRI.DEVIDAS.U.K RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF HOME AFFAIRS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 3. SUB INSPECTOR OF POLICE, PERINTHALMANNA POLICE STATION, MALAPPURAM DIST. 4. CIRCLE INSPECTOR OF POLICE, PERINTHALMANNA POLICE STATION, MALAPPURAM DIST. 5. DEPUTY SUPERINTENDENT OF POLICE, PERINTHALMANNA, MALAPPURAM DISTRICT. 6. THE REVENUE DIVISIONAL OFFICER, PERINTHALMANNA. 7. CENTRAL BUREAU OF INVESTIGATION, REPRESENTED BY SUPERINTENDENT, CENTRAL BUREAU OF INVESTIGATION, REGIONAL OFFICE, CHENNAI. BY GOVERNMENT PLEADER, SRI GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J. ---------------------------------------- W.P.C.No. 6314 of 2008-B ---------------------------------------- Dated this the 22nd day of February 2008 J U D G M E N T The petitioner's son had met with an unnatural death. F.I.R was registered under the caption 'unnatural death' under Section 174 Cr.P.C. Investigation into that crime was conducted. Final report has not been filed. In the course of investigation, police has come to the conclusion that offences under Sections 201 and 306 I.P.C have been committed. Petitioner claims to be aggrieved by the inadequate and insufficient investigation conducted by the police. If a proper investigation were conducted, the learned counsel for the petitioner contends that, the Investigator would have continued the investigation under Section 302 I.P.C. In as much as such proper investigation has not been conducted, it is prayed that appropriate directions may be issued to ensure that a proper investigation is conducted by an appropriate different agency. Petitioner prays that directions may be issued to the seventh respondent C.B.I to conduct the investigation. 2. After the decision in Sakiri Vasu v.State of U.P W.P.(C) No.6314 of 2008-B 2 [2008 AIR SCWA 309] it is for the petitioner to bring to the notice of the learned Magistrate having jurisdiction, his grievance about inadequate and insufficient investigation. The said decision is authority for the proposition that a Magistrate has the jurisdictional competence to issue appropriate directions under Section 156(3) Cr.P.C to ensure a proper and efficient investigation. Without and before exhausting the said remedy the petitioner cannot come to this Court with a request to invoke the powers under Article 226 of the Constitution of India and issue directions. It is of course true that the Magistrate under Section 156(3) Cr.P.C may not be in a position to direct the C.B.I to conduct an investigation but request for conduct of an investigation by the C.B.I cannot obviously be the first request of the petitioner. Petitioner has to exhaust the other remedies available under law and must attempt to get a proper investigation conducted by the police system in the State before he comes forward with the request to get the investigation conducted by the C.B.I. In as much as the petitioner has not taken resort to the alternative remedy under Section 156(3) W.P.(C) No.6314 of 2008-B 3 Cr.P.C., I am of the opinion that this petition under Article 226 of the Constitution of India filed by the petitioner cannot be admitted and entertained. 3. This writ petition is accordingly dismissed. I may hasten to observe that the dismissal of this writ petition will not in any way fetter the right of the petitioner to move for appropriate directions before the learned Magistrate under Section 156(3) Cr.P.C and if effective relief is not obtained by him after exhausting such alternate remedy, to come before this Court again with appropriate application. (R.BASANT, JUDGE) ms