Kerala High Court
K.G.Sankara Narayanan @ Kuttappan vs Sub Inspector Of Police on 7 April, 2008
Author: R.Basant
Bench: R.Basant
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 11798 of 2008(D)
1. K.G.SANKARA NARAYANAN @ KUTTAPPAN,
... Petitioner
Vs
1. SUB INSPECTOR OF POLICE,
... Respondent
2. SUPERINTENDENT OF POLICE - IDUKKI
3. N.K.RAJAN,S/O.KUMARAN,NEDUMPURATHU HOUSE
4. N.K.RAVEENDRAN,S/O.KUTTAPPAN,
5. MOHAN THOMAS,NEOOIYANIYIL,RAJAKUMARI
6. ELDHO T.PAUL,S/O.KUMARAN,
For Petitioner :SRI.LIJI.J.VADAKEDOM
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :07/04/2008
O R D E R
R. BASANT, J.
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W.P.(C) No. 11798 OF 2008 D
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Dated this the 7th day of April, 2008
J U D G M E N T
Petitioner is the de facto complainant in crime No.139/07 registered at the Santhanpara police station alleging commission of offences punishable, inter alia, under sections 120B, 468 and 471 IPC. That crime has been registered on the basis of a private complaint filed by the petitioner before the Magistrate and referred to the police under section 156(3) Cr.P.C. Respondents 3 to 6 are the accused in the said crime. Investigation is in progress.
2. The petitioner has come to this Court now with a grievance that no proper investigation is being conducted. The petitioner prays that a proper investigation may be directed to be conducted.
3. The learned counsel for the petitioner was requested to explain how in the light of the decision in Sakiri WPC.11798/08 : 2 : Vasu Vs. State of U.P. [ 2008 AIR SCW 309] the petitioner is justified in seeking directions from this Court under Article 226 COI. That decision is authority for the proposition that the Magistrate has sufficient powers under section 156(3) Cr.P.C. to issue appropriate directions to ensure the conduct of a proper investigation. That decision is authority for the further proposition that a person with such a grievance - of improper conduct of the investigation, cannot and should not be permitted ordinarily to approach this Court with applications under section 482 Cr.P.C. or Article 226 COI without and before exhausting the efficacious alternative remedy under section 156(3) Cr.P.C. Such an application cannot be entertained, it is now trite.
4. The petitioner admittedly has not approached the learned Magistrate with any request under section 156(3) Cr.P.C. I am, in these circumstances, satisfied that in the light of the decision in Sakiri Vasu which is followed by the decision of this Court in Vasanthi Devi Vs. S.I. of Police WPC.11798/08 : 3 : [2008 (1) KLT 945] the petitioner cannot be permitted to seek such relief from this Court in this petition under Article 226 COI in the absence of any satisfactory or compelling reasons.
5. In the result, this writ petition is dismissed. I make it clear that the dismissal of this petition will not in any way fetter the rights of the petitioner to approach the learned Magistrate under section 156(3) Cr.P.C. and seek appropriate directions for a proper investigation of the case. Needless to say, in case such application is filed, the learned Magistrate must consider such application in the light of the decision in Sakiri Vasu and issue appropriate directions.
(R.BASANT, JUDGE) aks