IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 4TH JANUARY 2011 / 14TH POUSHA 1932 WP(C).No. 38635 of 2010(D) -------------------------- PETITIONER(S): --------------- SANAL KUMAR, S/O. KRISHNANKUTTY, AGED 36 YEARS, KUNCHUVEEDU, T/C50/1631(1) NEAR PUMP HOUSE, THALIYAL, KARAMANA.P.O., THIRUVANANTHAPURAM. BY ADV. SRI.SABU S.KALLARAMOOLA RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY UNDER SECRETARY, HOME(A) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. PUBLIC PROSECUTOR SHRI K.J.MOHAMED ANZARI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C). No.38635 of 2010 -------------------------------------- Dated this the 4th day of January, 2011. JUDGMENT This petition is in challenge of Ext.P6, order dated April 8, 2009 of the Additional Chief Secretary to the Government whereby sanction to prosecute the officials referred to therein was refused. When this matter came up for hearing learned counsel for petitioner submitted that since the alleged act of the officials concerned was not connected with the discharge of their official duty and hence sanction under Section 197 of the Code of Criminal Procedure is not required, petitioner has already filed a private complaint against the said officials. Learned counsel has sought permission to withdraw this petition without prejudice to the right of petitioner to proceed with the private complaint. 2. I have heard learned counsel for petitioner and Public Prosecutor who appeared for the respondent. Having regard to the circumstances stated, this petition is dismissed as withdrawn without prejudice to the right if any of the petitioner to proceed with the private complaint said to have been instituted against the officials concerned. THOMAS P.JOSEPH, Judge. cks