IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 11TH MARCH 2008 / 21ST PHALGUNA 1929 WP(C).No. 8201 of 2008(B) ------------------------- PETITIONER: ------------ N. ABDUL KAREEM, S/O. KUNHUMUHAMMED, AGED 24 YEARS, NECHIYIL HOUSE, KODANGAD, KONDOTTY, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS: ------------- 1. THE SUPERINTENDENT OF POLICE, MALAPPURAM. 2. THE SUB INSPECTOR OF POLICE, KONDOTTY POLICE STATION, MALAPPURAM DISTRICT. 3. THE ORIENTAL INSURANCE COMPANY LTD., BRANCH OFFICE, BYEPASS JUNCTION, JASEELA COMPLEX, NILAMBUR ROAD, MANJERI-REPRESENTED BY ITS BRANCH MANAGER. BY GOVERNMENT PLEADER ADV.SRI.GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/03/2008, THE COURT ON 11/03/2008 DELIVERED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` W.P.(C) No. 8201 OF 2008 B ```````````````````````````````````````````````````` Dated this the 11th day of March, 2008 J U D G M E N T Petitioner is the de facto complainant in crime No.273/05 registered under section 380 IPC. That crime relates to theft of a jeep belonging to the petitioner which was parked in his garage on the night of 5.5.05. Investigation has commenced. Final report has not been filed so far. The petitioner has a valid insurance in respect of the vehicle covering theft. Unless the final report is filed, the petitioner will not be able to claim relief from the insurance company in respect of such theft. In these circumstances, the petitioner has come to this Court with this petition under Article 226 of the Constitution for a direction to the investigator to file the final report within a stipulated period of time. 2. The grievance is about the inadequate and insufficient investigation. After the decision in Sakri Vasu Vs. WPC.8201/08 : 2 : State of U.P. [ 2008 AIR SCW 309] it is trite that the petitioner must approach the learned Magistrate with such a grievance about the inadequate/insufficient investigation. The learned Magistrate can certainly issue appropriate directions to ensure that the final report was filed expeditiously. I am of opinion that it is not necessary for this Court to invoke the powers under Article 226 of the Constitution and issue any direction in the matter. 3. This petition is in these circumstances, dismissed but with the observation that the dismissal of the writ petition will not in any way fetter the rights of the petitioner to approach the learned Magistrate who must consider the grievance of the petitioner and pass appropriate orders. (R.BASANT, JUDGE) aks