The petitioner herein is the complainant in CMP No.2794/2014 before the Judicial First Class Magistrate Court-I, Alappuzha. It is a complaint brought against six persons. In this proceeding, the complainant seeks orders under Article 227 of the Constitution of India, directing the court below to make orders for investigation in any Police Station other than Alappuzha South Police Station. As required by the court, the learned Magistrate submitted report on 16.10.2014. This report shows that the learned Magistrate has already commenced enquiry under Section 200 Cr.P.C. As part of enquiry further, witnesses will have to be examined. The petitioner will have to produce his witnesses for recording statement under Section 202 Cr.P.C. The petitioner apprehends that the police will not properly investigate the matter, because one of the accused arraigned in the complaint is a Police Constable. Now, he need not apprehend so, because the learned Magistrate has opted to make enquiry O.P.(Crl) No. 216 of 2014 2 on his own, and the enquiry has commenced. There is no question of the complaint being forwarded for investigation under Section 156(3) Cr.P.C. 2. In the above circumstance, when the learned Magistrate has already commenced enquiry on the petitioner's complaint, no direction for time bound disposal is required. The petitioner will have to produce his witnesses, and their statement will have to be recorded as part of enquiry. No doubt, the petitioner will have to produce the witnesses at the earliest.
In the result, this original petition is closed.
Sd/-
P. UBAID, JUDGE sd