Serious questions concerning the nature of directions which a court under Sec.438 of the Cr.P.C. can and should issue and the consequences which follow the issue o such directions are raised in this Crl.M.C.

2. Facts are simple; but strange. The petitioner now faces allegations, inter alia, under Secs.452, 324 and 308 of the IPC. The FIR was registered on 4/4/05. In the FIR, it is alleged by the de facto complainant that two named individuals, the brothers of is daughter-in-law had allegedly committed the offences punishable under Secs.452, 324 and 308 read with Sec.34 of the IPC against him. Prior animosity on account of family disputes is the alleged motive. In the course of investigation in that crime, the Investigating Officer appears to have sailed to the conclusion that not those two persons, but the petitioner herein – a neighbour, had allegedly committed the offence. Contrary to the earlier specific allegation in the FIR, it was alleged that a masked individual had allegedly inflicted the injuries including grievous injury on the de facto complainant. An allegation was raised that the petitioner was the said miscreant. According to the petitioner, the said allega