IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 WP(C).No. 29343 of 2008(R) -------------------------------------- CRIME NO.514/2008 OF KOTTAYAM EAST POLICE STATION .................... PETITIONER: ------------------ ICY JOHN, AGED 30 YEARS, D/O.CHANDY JOHN, RESIDING AT VATTAKUNNEL, PULICKAL MUTTAMBALAM, KOTTAYAM. BY ADV. SRI.M.J.THOMAS RESPONDENTS: ---------------------- 1. STATE OF KERALA, REP.BY THE HOME SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 3. INSPECTOR GENERAL OF POLICE, CRIME BRANCH, THIRUVANANTHAPURAM. 4. THE SUPERINTENDENT OF POLICE, KOTTAYAM. 5. THE DY.SUPERINTENDENT OF POLICE, KOTTAYAM. 6. THE SUB INSPECTOR OF POLICE, KOTTAYAM EAST POLICE STATION. GOVERNMENT PLEADER SRI.S.U.NAZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ R.BASANT, J. ---------------------- W.P.C.No.29343 of 2008 ---------------------------------------- Dated this the 6th day of October 2008 J U D G M E N T The petitioner is the complainant/injured in a crime registered alleging offences punishable inter alia under Sections 326 and 308 I.P.C. The local police is investigating into the crime. The alleged incident occurred on 11/9/2008. Not even a period of one month has elapsed from the date of registration of crime; but the petitioner has rushed to this court with this petition under Article 226 of the Constitution of India with the grievance that proper investigation is not being conducted. According to him, for unacceptable reasons, the police is not taking action against the accused persons. Some of the accused persons, he apprehends, are shown as arrested and released on bail notwithstanding the fact that serious offences are alleged against them. In these circumstances, it is prayed that directions under Article 226 of the Constitution of India to the respondents to ensure that investigation is conducted by senior police officials who are not amenable to the influence of the accused persons. W.P.C.No.29343/08 2 2. But after the decision in Sakiri Vasu v. State of U.P & Others [2008 AIR SCW 309] which has been followed by this court in Vasanthi Devi v. Sub Inspector of Police [2008 (1) KLT 945], I am afraid that the grievance in this writ petition cannot be entertained by this court at the first instance without and before such aggrieved person moves the learned Magistrate under Section 156(3) Cr.P.C complaining about such inadequacies in the investigation. Without and before exhausting such alternative efficacious remedies which are available to persons like the petitioner, in the absence of exceptional reasons, this court will not ordinarily entertain applications under Article 226 of the Constitution of India or under Section 482 Cr.P.C. The only question is whether exceptional reasons are there or not. I am unable to perceive any exceptional reasons which would persuade this court to entertain the application of the petitioner and order notice to the respondents notwithstanding the dictum in Sakiri Vasu (Supra) as followed in Vasanthi Devi (Supra). This, I am satisfied, is an eminently fit case where the petitioner must be directed to approach the learned Magistrate with an appropriate application W.P.C.No.29343/08 3 under Section 156(3) Cr.P.C. Needless to say, if such an application is filed, learned Magistrate must consider such application on merits and pass appropriate orders. Needless to further say that if the grievance of the petitioner remains without redressal, in spite of such orders of the learned Magistrate, the petitioner's option to move this court shall remain unfettered. 3. With the above observations, this petition is dismissed. (R.BASANT, JUDGE) jsr W.P.C.No.29343/08 4 W.P.C.No.29343/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007