P.K. SAFIYA Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) THIS is an application filed by the petitioner who is the de facto complainant in Crime No.328/13 of Thamarassery Police Station seeking for proper investigation by entrusting the same to Crime Branch under Article 226 of Constitution of India.

(2.) THE case of the petitioner in the petition was that the petitioner filed a private complaint against the first accused in the present complaint alleging offence under Section 138 of the Negotiable Instruments Act. He was absconding in that case and the case was transferred to register of long pending cases and thereafter, he appeared and the case was refiled. Thereafter, the first accused filed a private complaint against the present petitioner and that was dismissed by the learned magistrate by Ext.P2 order stating that the agreement produced along with the complaint said to have been executed by the present petitioner was not a genuine one and it was a fabricated one. On coming to know about that fact, petitioner filed Ext.P1 complaint which was forwarded to the police by the learned magistrate under Section 156(3) of Code of Criminal Procedure and on receipt of the same, a crime was registered on Crime No.328/13 of Thamarassery Police Station against the accused persons alleging offence under Sections 420, 468, 471 and Section 34 of Indian Penal Code. Thereafter, the police, without conducting proper investigation, filed Ext.P3 Final Report stating that no further action required and so, the proceedings be dropped. Dissatisfied with the same, the petitioner had moved this court seeking the following relief:

(3.) THE Counsel for the petitioner submitted that though a refer report has been filed, no notice has been issued from court and the lower court was not justified in accepting the refer report without giving an opportunity to the petitioner for agitating the same. He had relied on the decision reported in Bhagwant Singh Vs. Commissioner of Police and another [AIR 1985 SC 1285].