T.R. Ramachandran Nair, J.

The question raised in this writ petition is whether pursuant to a preliminary enquiry initiated under Section 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 Section 193 of the Indian Penal Code, instead of proceeding to file a complaint as envisaged under Section 340 Crl.P.C.

2. The petitioner is a Head Constable of Chengannur Police Station. An accused in S.C.No.565/2006 before the Assistant Sessions Court, Chengannur involved in an offence under Section 55(a) of Abkari Act, was absconding after being enlarged on bail. The case was transferred to the register of Long Pending Cases as L.P.C.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 Section 421 (1)(a) of Cr.P.C.

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. Doub