ANANDAN Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) This petition is filed under Article 226 of constitution of India by the defacto complainant in Crime No.184/2010 of Konni Police Station, registered for the offences under Sections 143, 147, 148, 323 and 324 read with Section 149 of Indian Penal Code, for a writ of mandamus directing respondents 1 and 2 to take necessary action on Exhibits P4 and P5 complaints submitted by the petitioner and to ensure that an impartial investigation is being conducted in the case. Exhibit P4 is a complaint submitted before District Superintendent of Police, Pathanamthitta and Exhibit P5, a similar complaint sent to Director General of Police.

(2.) As held by the Apex Court in Sakiri Vasu v. State of U.P. (2008 (1) KLT 724), when the grievance of the petitioner is that investigation is not being properly conducted, remedy of the petitioner is to approach the concerned Magistrate as provided under Section 156(3) of Code of Criminal Procedure.

(3.) Learned counsel appearing for the petitioner pointed out that in paragraph 10 of the statement, filed in the case by Sub Inspector of Police, Konni, it is stated that accused 1 and 2 were not apprehended as petitioner orally informed that there is likelihood of a settlement with the accused and there was no such attempt for settlement and in such circumstances, a direction is to be issued.