IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930 WP(C).No. 23429 of 2008(L) -------------------------- PETITIONERS: ------------ 1. K.U. BABY, S/O. ULAHANNAN, KAKKANADU HOUSE, MANNOOR P.O. MANNOOR, VAIKOM TALUK KOTTAYAM DIST. 2. SHIBU, S/O. SREEDHARAN PATHIRIKKAL HOUSE, KADAPPOOR VATTUKULAM, MEENACHAL TALUK KOTTAYAM DIST. 3. M.B. SASIDHARAN MENON, AYILLIAM NIVAS MEMUGAM, MANNEEDU P.O. PIRAVOM, ERNAKULAM DIST. BY ADV. SRI.K.C.ELDHO RESPONDENTS: ---------------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVT. DEPT. OF HOME AFFAIRS GOVT. SECRETARIAT, TRIVANDRUM. 2. SUB INSPECTOR OF POLICE, CENTRAL POLICE STATION, ERNAKULAM. 3. CENTRAL BUREAU OF INVESTIGATION (CBI) REP. BY ITS SUPERINTENDENT OFFICE OF THE CBI, ERNAKULAM. 4. CHACKO, PROPRIETOR, ACTIVE HUMAN SOLUTION AND TRAVEL AGENTS, OPPOSITE MYMOON THEATRE CHITTOOR ROAD, KOCHI 682018. 5. BIJU MATHAI, S/O. CHACKO, LICENCE HOLDER ACTIVE HUMAN SOLUTION AND TRAVEL AGENTS, DO. DO. R1 & 2 BY GOVT. PLEADER SRI. AMJAD ALI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - W.P.C.No. 23429 of 2008 L - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of July, 2008 JUDGMENT The petitioners have preferred a private complaint before the learned Magistrate alleging commission of offences punishable, inter alia, under Sections 120B, 406 and 420 I.P.C. That complaint was referred to the police under Section 156(3) Cr.P.C. Crime No.979 of 2008 was registered on 23.5.2008 on the basis of such complaint. Investigation is in progress. The petitioners claim to be aggrieved by the quality of investigation conducted by the local police. They have hence come to this Court with this petition under Article 226 of the Constitution to air their grievance about the inadequate and inefficient investigation conducted. 2. The learned counsel was requested to explain how in the light of the decision in Sakiri Vasu v. State of U.P. (2008 (1) KLT 724) (SC) the petitioners can directly approach this Court with this petition. It is now trite that persons like the W.P.C.No. 23429 of 2008 2 petitioners, who have grievance about the inadequate quality of investigation, must first approach the learned Magistrate under Section 156(3) Cr.P.C. and air their grievance about such inadequate investigation. Since the petitioners have an effective alternative remedy under Section 156(3) Cr.P.C. their attempt to come to this Court with this petition under Article 226 of the Constitution or under Section 482 Cr.P.C. cannot be countenanced. The petitioners must in these circumstances be directed to approach the learned Magistrate. The learned Magistrate must if the petitioners approach the learned Magistrate with the requisite prayer consider the grievance of the petitioners and take appropriate decision under Section 156(3) Cr.P.C. 3. This Writ petition is dismissed with the above observations. I may however hasten to observe that the option of the petitioners to come to this Court later, if their grievances remain without satisfaction by the orders of the learned Magistrate shall remain unfettered. (R. BASANT) Judge tm