Held, petitioner cannot approach this Court by filing this writ petition since the Hon'ble Apex Court has taken the view that the remedy of the petitioner does not lie before this Court in filing the writ petition under Article 226 of the Constitution or to exercise the power of this Court under Article 227 of the Constitution or under Section 482 Cr.P.C. The proposition depends upon the facts and circumstances of each case. In (2008)2 MLJ (Crl.)796, this Court has held that the rule enunciated by the Hon'ble Supreme Court is not without exception and that in appropriate cases, in order to prevent miscarriage of justice, directions can be issued. SC has held that instead of rushing to the High Court by way of a writ petition or a petition under Section 482 Cr.P.C., the petitioner can approach a Magistrate (Criminal court) and he has a further remedy of filing a criminal complaint under Section 200 Cr.P.C. But, in the instant case, the petitioner was constrained to wait for more than ten months in registering the complaint. Under such circumstances, it cannot be construed that the petitioner has approached this Court immediately on filing the complaint, since the investigation has not yet been done. If the petitioner is directed to avail the alternative remedies, he may not get justice at this length of time. Moreover, I am of the opinion case in accordance with law as expeditiously as possible. Writ accordingly disposed of.
