The main legal point established in the judgment is the duty of the police to record a statement and register a complaint under S. 154 of the Code of Criminal Procedure, and the limited power of the court to interfere with police investigation.

SANKARASUBBAN, J.

This writ appeal is filed against the judgment in O.P. No. 10412/1995. The appellant was not a party to the above Original Petition. He filed this Writ Appeal after obtaining leave from the Court. The Original Petition was filed by one Sabu George who is the first respondent in the appeal, for a direction to the third respondent viz., the Circle Inspector of Police, Fort Police Station, Trivandrum to register Ext. P5 complaint made by the original petitioner under S. 154 of the Code of Criminal Procedure and for directing investigation of the crime. The original petitioner in the Original Petition was charge sheeted by the additional Sub-Inspector of Police, Fort, Trivandrum for an offence punishable u/S. 394 of the Indian Penal Code. The allegation was that on 20-1-1993 at 3 am the original petitioner assaulted one Retnakaran near Padmanabha Theatre, Trivandrum and committed robbery of Rs. 2,000/-, a gold chain worth Rupees 3,000/- and a wrist watch worth Rs. 100/- out of the possession of said Retnakaran. Retnakaran sustained injuries as a result of the assault committed by the petitioner. After investigation the complaint was taken to file as C.C. 92/93. Subsequently the Deputy Superintendent of Police, Crime Branch CID filed a report for re-investigation of the case under Section 173(8) of the Code of Criminal Procedure. After obtaining permission from the Court the Police conducted investigation and a report was filed stating that the entire case was false. Copy of the report was served on the said Retnakaran. On the basis of the report. C.C. 92/93 filed against the petitioner was closed. But the protest filed by Mr. Retnakaran was allowed to be proceeded according to law and action as may be taken up.

2. The case of the original petitioner is that the Criminal proceedings taken against him were false and were at the instance of the present appellant and other Police Officers at his behest. According to him at the instance of the appellant he was brought to Trivandrum with Police officials and he was kept in custody illegally. He was also physically assaulted. But to camouflage the entire thing a false case was registered against him. Hence the petitioner filed a complaint which is produced as Ext. P5 before the third respondent alleging offences committed by the appellant and others and to investigate the same. Ext. P5 is dated 2-2-1995. This was done after the Calendar Case 92/93 taken against the petitioner was closed. Thereafter the petitioner sent reminders, Ext. P6 before the D.I.G. of Police and Ext. P6(a) before the City Police Commissioner, Trivandrum. Since no action was taken the present Original Petitioner was filed. In the Original Petition a statement was filed on behalf of the third respondent wherein he contended that action was not taken because C.C. 92/93 was pending. The learned Single Judge disposed of the matter by judgment dated 11th December, 1995. The learned Judge held that the existence of the protest complaint filed against the de facto complainant was not a ground not to record Ext. P5 statement filed by the petitioner. Hence a direction was given to the respondents to record the information contained in Ext. P5 and register a crime on its basis and to investigate the same as contemplated under Chapter XII of the Code of Criminal Procedure.

3. It is against the above judgment the present Writ Appeal has been filed by the appellant. On the basis of the said judgment the third respondent has registered Ext. P5 complaint as Crime No. 32/96. The case is accused No. 1 to others jointly conspired and intimidated the complainant on 9-1-1993, 10-2-1993 and 15-2-1993 at 5.30 a.m. and forcibly took the complainant from his house at Idamattam to the house of the second respondent at Palai. Subsequently he was taken to Thiruvalla Police Station and from there to Thiruvananthapuran Police Station. He was manhandled and kept under illegal custody. But any further proceedings on