IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 WP(C).No. 4670 of 2008(E) ------------------------- PETITIONER: ------------ A.SABEER, SHAHWAYS VILLA, KOCHUPARUTHIYIL, ELLAMBA P.O., AVANAVANCHERRY, ATTINGAL, THIRUVANANTHAPURAM. BY ADV. SRI.LIJU. M.P RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 3. SUB INSPECTOR OF POLICE, ATTINGAL POLICE STATION, ATTINGAL. 4. CHAIRMAN, ASIANET COMMUNICATIONS, ASIANET COMPLEX, PULIYARKONAM, THIRUVANANTHAPURAM. 5. PRODUCER, IDEA STAR SINGER, MUSICAL CONTEST 2007, ASIANET COMMUNICATIONS, ASIANET COMPLEX, PULIYAZAKONAM, THIRUVANANTHAPURAM. 6. REJINI HARIDAS, ANCHOR, MUSICAL CONTEST 2007, ASIANET COMMUNICATIONS, ASIANET COMPLEX, PULIYAZAKONAM, THIRUVANANTHAPURAM. 7. M.G.SREEKUMAR, JUDGE, MUSICAL CONTEST 07 ASIANET COMMUNICATIONS, ASIANET COMPLEX, PULIYAZAKONAM, THIRUVANANTHAPURAM. 8. SARATH, JUDGE, MUSICAL CONTEST 2007, ASIANET COMMUNICATIONS, ASIANET COMPLEX, PULIYAZAKONAM, THIRUVANANTHAPURAM. 9. USHA UTHUP, JUDGE, MUSICAL CONTEST 2007, ASIANET COMMUNICATIONS, ASIANET COMPLEX, PULIYAZAKONAM, THIRUVANANTHAPURAM. R1 TO 3 BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - W.P(C).No. 4670 of 2008 E - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of February, 2008 JUDGEMENT This writ petition under Article 226 of the Constitution is filed by the petitioner for issue of directions regarding investigation. The petitioner filed a private complaint and the same has been referred to the police by the learned Magistrate under Section 156(3) Cr.P.C. Crime has been registered, inter alia, under Sections 120B and 420 I.P.C. Investigation has commenced. According to the petitioner, the investigation is not being conducted properly and there is necessity to issue directions invoking the powers under Article 226 of the Constitution for the proper conduct of the investigation. The petitioner further prays that the investigation may be entrusted to the specialised wing of the police as the points to be investigated require special skill. 2. After the decision in Sakiri Vasu v. State of U.P. (2008 AIR SCW 309), if the petitioner is not satisfied about the W.P(C).No. 4670 of 2007 2 quality of the investigation, it is for the petitioner to approach the learned Magistrate concerned and seek appropriate direction under Section 156(3) Cr.P.C. In the facts and circumstances of this case, I find absolutely no reason, which can persuade this Court to invoke the powers under Article 226 of the Constitution to issue any further direction to the Investigating Officer. 3. This Writ Petition is, in these circumstances, dismissed. I make it clear that the dismissal of this writ petition will not in any way fetter the option of the petitioner to approach the learned Magistrate and seek issue of appropriate direction to the Investigator under Section 156(3) Cr.P.C. (R. BASANT) Judge tm