IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 18TH FEBRUARY 2010 / 29TH MAGHA 1931 Crl.MC.No. 151 of 2010(D) ------------------------------------ (CRIME NO. 788/08 OF THIRUVALLA POLICE STATION) ............. PETITIONER/DAFACOT COMPLAINANT: --------------------------------------------------------- C.CHACKO MATHAI, AGED 65 YEARS, S/O.MAMMEN CHACKO, CHAMAKALAYIL HOUSE, R.S.P.O. THIRUVALLA. BY ADVS. MR.P.B.ASOKAN, MR.P.SAM ZACHARIAH, MR.LAJI SAM ZACHARIAH, MR.P.B.AJOY. RESPONDENT: ---------------------- STATE OF KERALA, REPRESENTED BY S.I OF POLICE, THIRUVALLA, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 151 OF 2010 =========================== Dated this the 18th day of February,2010 ORDER This petition is filed under section 482 of the Code of Criminal Procedure for a direction for proper investigation of Crime 788/2008 of Thiruvalla Police Station registered for the offences under sections 426,427, 435 and 436 of Indian Penal Code. The case of the petitioner is that there was no proper investigation and Annexure B notice was issued to the petitioner stating that the case remains undetected and thereafter petitioner submitted Annexure C complaint before Sub Inspector of Police, Thiruvalla for proper investigation and still the case is not being investigated. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor was heard. Crl.M.C.151/2010 2 3. As held by the Apex Court in Sakiri Vasu v. State of U.P (2008(1) KLT 724), the remedy of the petitioner is to approach the learned Magistrate under section 156(3) of the Code of Criminal Procedure. With liberty to approach the learned Magistrate, petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006