IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 WP(C).No. 9640 of 2009(Q) ------------------------- (CRIME NO.158/06 OF THAMPANOOR POLICE STATION) ................................ PETITIONER(S): --------------- SUBRAHMANIAN, S/O.S.P.RAMANATHAN, AGED 60 YEARS, XXXVIII/2630, PONATH LANE, KALOOR, ERNAKULAM. BY ADV. SRI.C.T.JESTIN RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 9640 OF 2009 = = = = = = = = = = = = = = = Dated this the 7th day of April, 2009. J U D G M E N T This writ petition is filed with a prayer to direct the respondents to constitute a special investigation team of the Crime Branch of the State Police to conduct the investigation of Crime No.158/06 of Thambanoor Police Station. A perusal of the petition would reveal that Thambanoor police has registered Crime No.158/06 and it is pending investigation. The petitioner is dissatisfied with the investigation. When it is so whether exercising jurisdiction under Article 226 of the Constitution of India an order has to be given is considered by a learned Judge of this Court reported in John v. State of Kerala reported in 2008(1) KLT 462. This Court held that, “The High Court should discourage the practice of filing a writ petition or petition under S.482 Cr.P.C. simply because a person has a grievance that his FIR has not been registered by the police, or after being W.P.C 9640 OF 2009 -:2:- registered, proper investigation has not been done by the police. For this grievance, the remedy lies under Ss.36 and 154(3) before the concerned police officers, and if that is of no avail, under S.156(3) Cr.P.C. before the Magistrate or by filing a criminal complaint under S.200 Cr.P.C. and not by filing a writ petition or a petition under S.482 Cr.P.C.” In the light of these enunciated principles no relief can be granted and therefore this petition is dismissed. M.N. KRISHNAN, JUDGE. ul/-