STATE OF KERALA Vs. KOLAKKACAN MOOSA HAJI

JUDGEMENT

(1.) Can a magistrate, while ordering under S.156(3) of the Code of Criminal Procedure (for short 'the Code'), direct the Inspector General of Police to conduct the investigation Answer to this question would resolve the dispute now raised by the State in the Criminal Miscellaneous case. A judicial magistrate of first class has forwarded a complaint filed before him to the Inspector General of Police (Crimes) and ordered him to conduct investigation into the complaint. State of Kerala now challenges the said order in this Crl. Miscellaneous Case under S.482 of the Code.

(2.) The complaint was filed by the first respondent against eight police personnel, among whom are included a D.I.G. of Police, an Assistant Superintendent of Police, a Dy. Superintendent of Police, a circle Inspector, two Sub Inspectors and two Constables. The complaint makes mention of an incident which happened at about 3 p.m. on 15-12-1991 in which a teen aged girl "Sirajunneesa" sustained bullet injuries in police firing and died. Complainant alleged that the firing was deliberately ordered by the D.I.G. without any justification and the said illegal order was carried out by the other police officers arraigned in the complaint. Offences alleged against them included murder.

(3.) On receipt of the complaint, learned magistrate passed an order the operative portion of which reads thus: