PETITIONER: SRI KAPTAN SINGH [DECEASED]THROUGH LRS. Vs. RESPONDENT: RAJINDER SINGH & ANR. DATE OF JUDGMENT03/08/1995 BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. PARIPOORNAN, K.S.(J) CITATION: 1995 SCC Supl. (3) 547 JT 1995 (6) 617 1995 SCALE (5)66 ACT: HEADNOTE: JUDGMENT:
O R D E R
Leave granted.
The 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.
We have heard the learned counsel on both sides.
Unfortunately 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.
Under 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 without costs.