Singh [Deceased] Through Lrs. Vs. Rajinder Singh & Anr  INSC 354 (3
K. Ramaswamy, K. Paripoornan, K.S.(J)
1995 SCC Supl. (3) 547 JT 1995 (6) 617 1995 SCALE (5)66
O R D
appellant filed a writ petition in the High Court seeking for a writ of
mandamus directing the Commissioner of Police or the appropriate authority to
transfer his complaint dated April 23, 1991
for investigation by an independent police agency other than the local police.
The High Court dismissed the writ petition summarily on November 3, 1992. Thus this appeal by Special Leave.
have heard the learned counsel on both sides.
the appellant was done to death and the trial with regard to his murder is
pending decision in the appropriate Sessions Court. Therefore, we need not go
into the merits in that behalf . The grievance of the appellant- Late Sri Kaptan
Singh was that he was the owner of properties mentioned in the writ petition; when
he was kept in the police custody in connection with the crime imputed to him,
some person holding himself to be his power of attorney was alienating his
property and was including third parties into possession. In spite of his
repeated complaints made to the authorities, after collusion of the local
police in those activities, no action in that behalf was taken by the police
officer. It would appear that earlier to the complaint made by the
petitioner-appellant to the Commissioner of Police, the local police seems to
have investigated and a report in that behalf was sent which now filed as
Annexure 1 & 2 to the counter affidavit sworn by one Alok Kumar, D.C.P.,
South Delhi. It would indicate that the dispute is one of acute disputed
questions of fact.
these circumstances, we cannot satisfactorily adjudicate the dispute in this
appeal. Therefore, we leave open the controversy relegating the appellant's
legal representative of Sri Kaptan Singh to have the matter adjudicated in an
appropriate forum. The appeal is, therefore, dismissed but in the circumstance