IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 4TH FEBRUARY 2008 / 15TH MAGHA 1929 WP(C).No. 37345 of 2007(U) -------------------------- CC.403/2007 of J.M.F.C., PARAVOOR CC.415/2007 of J.M.F.C., PARAVOOR .................... PETITIONER: ------------ 1. SAROJINI, D/O. LATE NARAYANI, 'AISWARYA', NEDUNGOLAM P.O., KOLLAM. 2. MINI GANGADHARAN, D/O. SAROJINI, 'AISWARYA', NEDUNGOLAM P.O., KOLLAM. BY ADV. SRI.G.BHAGAVAT SINGH RESPONDENTS: ------------- 1. THE SUPERINTENDENT OF POLICE, KOLLAM. 2. CIRCLE INSPECTOR OF POLICE, PARAVOOR. 3. SUB INSPECTOR OF POLICE, PARAVOOR POLICE STATION, PARAVOOR P.O., KOLLAM. BY ADV. SRI.V.VENUGOPALAN NAIR SRI.C.UNNIKRISHNAN (KOLLAM) GOVERNMENT PLEADER SRI.GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J. ---------------------- W.P.C.No.37345 of 2007 ---------------------------------------- Dated this the 4th day of February 2008 J U D G M E N T The petitioners have come to this court with a prayer to direct conduct of further investigation in a crime registered at the instance of the second petitioner. 2. The F.I statement lodged by the second petitioner led to the registration of crime No.162/07 of Paravoor police station. The same was investigated and Ext.P6 final report was filed raising allegations against the accused persons. 3. About the same incident, Ext.P4 F.I.statement was lodged and crime No.163/07 was registered at the same police station. After completing the investigation in the said crime Ext.P7 final report was filed against the petitioners and others. 4. The petitioners have now come before this court. What is their grievance? The crux of the grievance is that Exts.P1 and P4 complaints have not been properly investigated. Because of such improper investigation, no proper final report has been filed on Ext.P1 F.I.R and an improper final report raising allegations against the petitioners has been filed after W.P.C.No.37345/07 2 investigation of Ext.P4 F.I.R. This in short is the grievance. The petitioners want this court to issue directions under Section 173 (8) Cr.P.C invoking extraordinary constitutional jurisdiction available under Article 226 of the Constitution. 5. It is trite that powers under Article 226 of the Constitution have to be invoked only in exceptional cases where the circumstances compellingly point to the need to invoke such powers. Improper investigation of Exts.P1 and P4 crimes, even if those allegations were accepted entirely, can be remedied by a proper application before the learned Magistrate for conduct of further investigation under Section 173(8) Cr.P.C. It is by now trite that the courts suo motu or at the instance of the investigating officer or at the instance of the de facto complainant or the accused can invoke such powers under Section 173(8) Cr.P.C. 6. Having not chosen to approach the learned Magistrate with the request for direction for further investigation under Section 173(8) Cr.P.C, I find absolutely no merit in the prayer made by the petitioners to invoke the powers under Article 226 of the Constitution for directing a further investigation under W.P.C.No.37345/07 3 Section 173(8) Cr.P.C into crime Nos.162 and 163 of 2007 of Paravoor police station. 7. 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 petitioners to make appropriate application before the learned Magistrate under Section 173(8) Cr.P.C. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.37345/07 4 W.P.C.No.37345/07 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007