IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 9TH DECEMBER 2010 / 18TH AGRAHAYANA 1932 OP(Crl.).No. 777 of 2010(Q) --------------------------------------- CMP.7228/2009 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, KOLLAM. ................. PETITIONER: ------------------- SARSAN, S/O.VASUDEVAN, ROOM NO.205, LEKSHMI COMPLEX, NAIR'S JUNCTION, ASRAMAM CHERRY, KOLLAM EAST VILLAGE, KOLLAM. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE HOME SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM-695 001. 3. GOPAKUMAR, S/O.GOPALAKRISHNA PILLAI, KUDAKKARUVILA VEETTIL, KOONAYIL CHERRY, PARAVUR VILLAGE, KOLLAM DISTRICT-691 001. R1 & R2 BY GOVT. PLEADER MR.P.A. SALIM. THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 09/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs M.Sasidharan Nambiar, J. -------------------------- O.P.(Crl.)No.777 of 2010 Q -------------------------- JUDGMENT This petition is filed under Article 227 of Constitution of India for a writ of mandamus directing respondents 1 and 2 to accord sanction to the petitioner to prosecute third respondent, contending that in spite of Exhibit P4 petition filed for sanction under Section 197(1) of Code of Criminal Procedure, Government had not granted sanction. 2. Learned counsel appearing for the petitioner and learned Government Pleader were heard. 3. Exhibit P4 petition was filed by the petitioner seeking sanction to prosecute the third respondent in August 2009. Exhibit P5, the communication sent by Secretary to Government of Kerala dated 21.12.2009, shows that Exhibit P4 petition was received and it was forwarded to the Director General of Police for report on 28.8.2009 OPCR 777/10 2 and decision on the petition will be taken on receipt of the report. Now, more than one year elapsed. In such circumstances, petition is disposed directing first respondent to take a decision on Exhibit P4 petition as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. 9th December, 2010 (M.Sasidharan Nambiar, Judge) tkv