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Sr. Lucy Kalappura v. State of Kerala

  • Order

Constitution of India – In matters involving civil rights, or disputes regarding title and possession over property, it would not be proper for the Court to invoke the extraordinary powers under Article 226 and order police protection A writ of mandamus directing the police authorities to give protection to the person or property can be issued when the court is satisfied that there is a threat to the person and the authorities have failed to perform their duties.

Code of Criminal Procedure, 1973 – the jurisdictional Magistrate has very wide powers to direct registration of an FIR and to ensure a proper investigation. The Court is also empowered to monitor the investigation to ensure that the investigation is done properly. If the petitioner has a grievance that the investigation is not proper, it is for her to approach the learned Magistrate and seek directions. Furthermore, investigation of a crime is in the domain of the police and it would not be proper for this Court to direct as to how and in what manner the investigation is to be proceeded with.

Citations : 2021 (4) KCC 232