IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 WP(C).No. 35859 of 2008(R) ----------------------------------------- PETITIONER(S): 3RD ACCUSED: ------------------------------------------------ SARATLAL.N.T., AGED 20 YEARS, LAL BHAVAN, VATTAKKARIKKAKAOM, PANTHAKLACODE, POWDIKONAM, THIRUVANANTHAPURAM. BY ADV. SRI.SUMAN CHAKRAVARTHY RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY HOME DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, KERALA, POLICE HQ, THIRUVANANTHAPURAM. 3. THE DEPUTY SUPERINTENDENT OF POLICE, ATTINGAL, THIRUVANANTHAPURAM. 4. THE CIRCLE INSPECTOR OF POLICE, VENJARANMOODU, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI. S.U.NAZAR FOR R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss R.BASANT, J. ---------------------- W.P.C.No.35859 of 2008 ---------------------------------------- Dated this the 4th day of December 2008 J U D G M E N T The petitioner is aggrieved by the quality of investigation conducted in crime No.360/08 of Vattappara police station registered under Section 302 I.P.C in which the petitioner has subsequently been arrayed as the third accused. According to the petitioner, he is absolutely innocent. But the police is not conducting proper investigation. 2. It is trite now as per 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] that a person aggrieved by the quality of the investigation must approach the learned Magistrate and seek appropriate direction under Section 156(3) Cr.P.C. Without and before exhausting such efficacious alternative remedy, such a person is not justified in rushing to this court with such a grievance with a petition under Article 226 of the Constitution of India or under Section 482 Cr.P.C. W.P.C.No.35859/08 2 3. This petition is in these circumstances dismissed with the observation that the petitioner can approach the learned Magistrate and seek appropriate direction under Section 156(3) Cr.P.C. Needless to say, if the petitioner is not satisfied with the action taken by the learned Magistrate, his option to approach this court claiming appropriate relief shall remain unfettered. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.35859/08 3 W.P.C.No.35859/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007