IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 6TH FEBRUARY 2008 / 17TH MAGHA 1929 WP(C).No. 33654 of 2007(F) -------------------------- PETITIONER: ------------ K.R.SUNNY, S/O. LATE RAPHAEL, KIZHAKKEVEETTIL, NOW RESIDING AT 34/652, C/O. THAITHARA, EDAPPALLY P.O., PADIVATTOM, KOCHI-24. BY ADV. SRI.SUJITH MATHEW JOSE RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. S.H.O., THOTTILPALAM POLICE STATION, KOZHIKODE TOWN. 3. MATHEW PERUMALY, S/O. CHERIAN, PROPRIETOR, M/S. MATHEW PERUMALLY & CO., 9/247, VELI, KOCHI-1. BY GOVERNMENT PLEADER ADV.SRI.GIKKU JACOB SRI.JIMMY GEORGE (VATTATHARA) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` W.P.(C) No. 33654 OF 2007 F ```````````````````````````````````````````````````` Dated this the 6th day of February, 2008 J U D G M E N T The short grievance of the petitioner in this writ petition is that there was no proper investigation conducted into crime No.137/05. Notice was given to the respondents. A statement has now been filed. It shows that the investigation is already complete and the final report has already been filed. The crime has been referred and it is a negative final report that is filed by the investigating officer after completing the investigation. 2. Now the remedy of the petitioner lies elsewhere. The final report has already been filed. The petitioner can appear before the learned Magistrate and raise objections, if any, against the final report. In the alternative, the petitioner can file a protest complaint and offer before the learned Magistrate to substantiate the allegations against the WPC.33654/07 : 2 : accused. The petitioner can also request the learned Magistrate to direct conduct of a further investigation under section 173(8) Cr.P.C. In any view of the matter, I am satisfied that no direction under Article 226 of the Constitution is now necessary or warranted. 3. This writ petition is accordingly dismissed making it clear that the above option of the petitioner shall remain unfettered by the dismissal of this writ petition. (R.BASANT, JUDGE) aks