IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 Crl.MC.No. 3334 of 2007() ------------------------- C.C.NO.425/07 OF THE JFCM COURT, THIRUVALLA. PETITIONER(S): --------------- JYOTHI, C/O.SOSAMMA GEORGE, PANACKAMATTOM, KARANGALATHU, KADAPRA MANNAR P.O., THIRUVALLA-689 630. BY ADV. SRI.P.HARIDAS RESPONDENT(S): --------------- 1. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 2. SUPERINTENDENT OF POLICE, PATHANAMTHITTA. 3. SUPERINTENDENT OF POLICE, CRIME BRANCH, KOTTAYAM. 4. SUB INSPECTOR OF POLICE, PULIKKEEZH. 5. SALI JOHN, PANACKAMATTOM, MANAPPURATH, BLESSY VILLA, KADPRA, MANNAR PO, THIRUVALLA-689 630. 6. VARGHESE CHERIYAN @ BABY KAKKAYIL, KARUKAYIL, NJEKKANARIL, NIRANAM KIZHAKKUMBHAGAM P.O., THIRUVALLA-689 620. 7. SANTHOSH @ KOCHUMON, VANIYAMMAKKAL HOUSE, NIRANAM, KIZHAKKUMBHAGOM P.O., THIRUVALLA, PIN-689 620. 8. SAJIKUMAR @ SAJI, S/O.MADHAVAN, PLANTHARA HOUSE, NIRANAM, KIZHAKKUMBHAGOM P.O., THIRUVALLA, PIN-689 620. BY P.P. SRI. GIKKU JACOB. ADV. SRI.V.V.NANDAGOPAL NAMBIAR FOR R.5,6 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 06/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No.3334 of 2007 ------------------------------------------------- Dated this the 6th day of November, 2008 ORDER The petitioner is the de facto complainant/injured in Crime No.68/07 of the Pulikkeezh Police Station. Investigation is complete. Final report has already been filed. The petitioner is aggrieved by the investigation conducted. No proper investigation has been conducted and that is his precise grievance. He submitted Ext.P5 application before the Director General of Police. The D.G.P. has not taken any decision in the matter. He prays for directions under Sec.482 Cr.P.C. 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), it is trite that any person, who has a grievance about the Crl.M.C. No.3334 of 2007 -: 2 :- inadequate, insufficient and unsatisfactory investigation conducted, must seek directions from the Magistrate concerned. Whether under Sec.156(3) Cr.P.C. or under Sec.173(8) Cr.P.C. the petitioner is entitled to approach the learned Magistrate and seek further direction. The decision in Shaji v. State of Kerala (2003 (2) KLT 929) clearly recognises the right of the petitioner to move the learned Magistrate seeking directions under Sec.173(8) Cr.P.C. 3. The learned counsel for the petitioner submits that reserving the right of the petitioner to move the learned Magistrate, this petition can now be dismissed. I accept the same. This Crl.M.C. is accordingly dismissed. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No.3334 of 2007 -: 3 :-