IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 WP(C).No. 424 of 2008(A) ------------------------ PETITIONER: ------------ ANIL KUMAR, S/O GOPINATHA PILLA, VILAYIL VEEDU, KOTTANKARA, CHANDANATHOPU, KOLLAM. BY ADV. SRI.PRATHEESH.P RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT SUPERINTENDENT OF POLICE, KOLLAM. 3. SUB INSPECTOR OF POLICE, KOTTIYAM POLICE STATION. BY GOVERNMENT PLEADER SRI.GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J ------------------------------------ W.P(C).No.424 of 2008 ------------------------------------- Dated this the 20th day of February, 2008 JUDGMENT The short grievance of the petitioner, who is the defacto complainant in Crime No.205/07 of Kottiyam Police Station registered under Sections 279, 337 and 338 I.P.C is that no proper investigation is being conducted into the said crime by the police. The learned Government Pleader after taking instructions submits that the final report has already been filed before the learned Magistrate. It is for the petitioner now to appear before the learned Magistrate and raise objections if any against the final report filed. The decision in Sakiri Vasu v. State of U.P [2008 AIR SCW 309] also makes it clear that appropriate directions for conduct of a proper investigation can be issued by the learned Magistrate invoking the powers under Section 156(3) Cr.P.C. I am, in these circumstances, satisfied that no directions need be issued under Article 226 of the Constitution of India. I am satisfied that this Writ Petition hence only deserves to be dismissed. 2. This Writ Petition is accordingly dismissed. Needless to say that the dismissal of this Writ petition will not in any way W.P(C).No.424 of 2008 2 affect the rights of the petitioner to raise appropriate objections against the final report before the learned Magistrate and seek directions under Section 156(3) and/or 173(8) Cr.P.C depending upon the stage of the proceedings. (R.BASANT, JUDGE) rtr/-