Can a Magistrate, while ordering under S. 156(3) of the Code of Criminal Procedure (for short 'the Code'), direct the Inspector General of Police to conduct the investigation ? Answer to this question would resolve the dispute now raised by the State in the Criminal Miscellaneous case. A judicial magistrate of first class has forwarded a complaint filed before him to the Inspector General of Police (Crimes) and ordered him to conduct investigation into the complaint. State of Kerala now challenges the said order in this Crl. Miscellaneous case under S. 482 of the Code.

2. The complaint was filed by the first respondent against eight police personnel, among whom are included a DIG of Police, an Assistant Superintendent of Police, a Dy. Superintendent of Police, a Circle Inspector, two Sub-Inspector and two Constables. The complaint makes mention of an incident which happened at about 3 p.m. on 15-12-1991 in which a teenaged girl "Sirajunneesa" sustained bullet injuries in police firing and died. Complainant alleged that the firing was deliberately ordered by the DIG without any justification and the said illegal order was carried out by the other police officers arraigne