SIVAPRASAD A.V. Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) THIS is an application filed by the petitioner seeking investigation by Central Bureau of Investigation of Crime No.432/12 of Beckal Police Station under Article 226 of Constitution of India.

(2.) IT is alleged the petition that petitioner is the de facto complainant and injured in Crime No.432/12 of Beckal Police Station. He is a Post Graduate student and sympathizer of Communist Party of India (Marxist). The case of the petitioner is that on 02.08.2012 at 12.45 p.m, the accused who belong to Muslim League Workers formed themselves into an unlawful assembly came in Motor bikes and attacked the de facto complainant and his friends at a place called Thachangadu juction in Kasaragod district and they had attacked the de facto complainant and others by using iron rod, pipe, wooden stick etc., and one Manoj Kumar sustained severe injuries and later, he succumbed to the injuries. Though a crime was registered on the basis of the statement given by the petitioner as Crime No.432/12 of Beckal Police Station alleging offences under Section 143, 147, 148, 341, 323, 324, 506(ii), 302 read with Section 149 of Indian Penal Code, no proper investigation has been conducted. Further, since the alleged accused persons belong to the ruling party and the de facto complainant belongs to the opposite party, he apprehends that the police will not conduct proper investigation due to the political influence of the accused persons. They have not taken any steps to arrest any of the accused persons. So, unless the investigation is done by a specialized agency, he will be put to serious hardships. So, the petitioner has no other remedy except to approach this court seeking the following relief:

(3.) WHEN the application came up for hearing today and this was pointed out to the Counsel for the petitioner, Counsel for the petitioner submitted that he appeared before the magistrate court and sought for time to file objection to the Final Report and it is now posted for that purpose.