SURESH BABU Vs. SUPERINTENDENTS OF POLICE

JUDGEMENT

(1.) The question raised in this writ petition is whether pursuant to a preliminary enquiry initiated under S.340 of the Code of Criminal Procedure, 1973, the Court can direct the superior officer of the person involved to take legal action for offence under S.193 of the Indian Penal Code, instead of proceeding to file a complaint as envisaged under S.340 CrPC.

(2.) The petitioner is a Head Constable of Chengannur Police Station. An accused in SC No. 565/2006 before the Assistant Sessions Court, Chengannur involved in an offence under S.55(a) of Abkari Act, was absconding after being enlarged on bail. The case was transferred to the register of Long Pending Cases as LPC No. 2/2008. Later on, coercive proceedings were initiated against one of the sureties by issuing a distress warrant for the levy of bond amount by attachment and sale of movable property of the surety as contemplated under S.421(1)(a) of CrPC.

(3.) The petitioner was authorized to execute the warrant. He filed a report before the Court stating that there are no movable properties in the house of the surety and hence warrant could not be executed. Doubting the veracity of the report, the learned Assistant Sessions Judge directed the concerned Village Officer to conduct a local inspection and prepare an inventory of the movables found in the house of the surety.