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1998 Supreme(Ker) 18

P.K.BALASUBRAMANYAN
M. K. Velayudhan – Appellant
Versus
State of Kerala – Respondent


Judgment :-

This Original Petition is filed by a person who alleges that he was sought to be poisoned. According to the petitioner he filed a complaint in that regard before the Sub Inspector of Police. Irinjalakkuda, respondent No. 1 herein. According to the Petitioner since the information given by him was regarding a cognisable offence he bona fide expected that his complaint would be proceeded with in terms of the relevant provisions of the Code of Criminal Procedure. But to his dismay, the petitioner found that the first respondent did not make any enquiry as contemplated. The petitioner therefore filed a petition before the Superintendent of Police. Though the receipt thereof was acknowledged with the information that the same was being forwarded to the Circle Inspector of Police, the petitioner finds that no proper investigation is being taken up or conducted. The petitioner therefore seeks the issue of a writ of mandamus directing the third respondent to conduct an investigation into the allegations made by him in his statement before the first respondent and the third respondent by a senior officer of the Crime Branch, Central Range, Trichur or any other officer nominated














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