RAJKUMAR Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) THIS writ petition is filed by the petitioner, who is the defacto -complainant in Crime No.551/2014 of Parassala police station, for issuing direction to the respondents to conduct proper investigation under Article 226 and 227 of the Constitution of India.

(2.) T is alleged in the petition that, the petitioner is the defacto -complainant in Crime No.551/2014 of Parassala police station, which was registered on the basis of the statement given by the petitioner against two accused persons, alleging offences under Section 294(b), 323, 324, 427, 447 read with Section 34 of the Indian Penal Code. Though the crime was registered, the police was not conducting proper investigation, as both the accused are active members and office bearers of the congress party and they are most notorious in the locality and they will not permit any one to begin any new establishment in that area without their consent and permission. In fact, even in this case on 05.05.2014, the first accused took away the advertisement board of the establishment of the petitioner and when the petitioner questioned the same, on 09.05.2014 at 9.30 a.m., both the accused trespassed into the compound of the shop of the petitioner and attacked him and inflicted injuries to him. Due to the influence of the accused persons, the police are not properly conducting the investigation. The policemen belonging to the office of the 5th respondent are threatening the petitioner as well. No final report has been filed in this case, in spite of Ext.P2 representation given. So the petitioner has no other remedy, except to approach this court, seeking the following relief: (a) issue a writ of mandamus or order or direction directing the 1st respondent to hand over the investigation in Crime No.551/2014 of Parassala Police station to 4th respondent or any other higher officer. (b) issue a writ of mandamus or order or direction directing the 2nd respondent to monitor the investigation in Crime No.551/2014 of Parassala police station. (c) issue a writ of mandamus or order or direction directing the 5th respondent to complete the investigation in Crime No.551/2014 of Parassala police station expeditiously. (d) such other writ, direction or order this Hon'ble court deem fit and proper for the circumstances in this case.

(3.) ON the basis of the allegations in the petition, as directed by this court, the 5th respondent has filed a statement, which reads as follows: 1. The above writ petition is filed by Sri. Rajkumar, who is the complainant in Crime No.551/14 of Parassala police station. The prayer of the petitioner is to hand over the investigation of the said case to the Inspector of police Parassala or any other higher officer.