IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 20TH JUNE 2011 / 30TH JYAISHTA 1933 Crl.MC.No. 1843 of 2011() -------------------- CMP.964/2007 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, PONNANI ............... PETITIONER / COMPLAINANT : ---------------------------------------------- ABDUL JABBAR, S/O.MUHAMMEDKUTTI, AGED 36 YEARS, AMBARKUTTIKANAKATH, MARAKKADAVIL, PONNANI, MALAPPURAM DISTRICT BY ADV. SRI.RAJESH SIVARAMANKUTTY RESPONDENTS / ACCUSED 1 TO 3 AND STATE : -------------------------------------------------------------------- 1. P.M.GOPAKUMAR, SUB INSPECTOR OF POLICE, AREEKODE POLICE STATION, MALAPPURAM DISTRICT 2. DR.P.BHASKARAN, MEDICAL OFFICER, PRIMARY HEALTH CENTRE, PERUMPADAPPU, CHERUVALLOOR, MALAPPURAM DISTRICT 3. M.KRISHNAN, ASSISTANT SUB INSPECTOR OF POLICE, PONNANI POLICE STATION, MALAPPURAM DISTRICT. 4. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM-31 R4 BY PUBLIC PROSECUTOR SRI. B. JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/- Crl.MC.No. 1843 of 2011() APPENDIX PETITIONER'S ANNEXURE'S ANNEXURE A-1 : COPY OF PRIVATE COMPLAINT NUMBERED AS CMP NO. 964/2007 FILED BY THE PETITIONER BEFORE JFCM., PONNANI. ANNEXURE A-2 : COPY OF ACCIDENT REGISTER-CUM-WOUND CERTIFICATE ISSUED BY DR. ASHA, ASST. SURGEON ON PONNANI TALUK HOSPITAL DATED 20.10.2006 IN RESPECT OF THE INJURIES SUSTAINED BY THE PETITIONER. ANNEXURE A-3 : COPY OF ORDER DATED 11/11/2010 IN CMP NO. 964/2007 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, PONNANI. RESPONDENT'S ANNEXURE'S - NIL //TRUE COPY// P.S. TO JUDGE Mn THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1843 of 2011 -------------------------------------- Dated this the 20th day of June, 2011. ORDER Public Prosecutor takes notice for the fourth respondent. Notice to respondents 1 to 3 is dispensed with since impugned order was passed before taking cognizance. 2. Petitioner filed a complaint against respondents 1 to 3 alleging offences punishable under Sections 323, 218 and 506(i) read with Section 34 of the Indian Penal Code (for short, “the IPC”). Case is that when petitioner went to the first respondent, the Sub Inspector to enquire about a complaint, he was assaulted, the second respondent who is a Government Medical Officer issued a false certificate that petitioner had no visible mark (of injury) on his body and that third respondent/third accused, the Assistant Sub Inspector recorded the statement of petitioner wrongly. Learned Judicial First Class Magistrate, Ponnani recorded sworn statement of petitioner, examined his witnesses and passed Annexure-A3, order on 11.11.2010 which is to the following effect: “Perused the complaint, sworn statement and documents. Petitioner is directed to produce prosecution sanction. Call on 23.06.2010”. It is submitted by learned counsel that petitioner was not heard on the question whether sanction under Section 197(1) of the Code of Criminal Procedure (for Crl.MC No.1843/2011 2 short, “the Code”) is required to take cognizance of the offences attributed to respondents 1 to 3. Learned counsel contended that having regard to the facts and circumstances of the case and in the nature of allegations made in the complaint sanction is not required since the acts attributed to respondents 1 to 3 were not done in discharge of their official duty. It is also submitted by learned counsel that at any rate respondents 1 to 3 are not officers coming within the purview of Section 197(1) of the Code so that, prosecution sanction is required. I have heard learned Public Prosecutor also. 3. It is not necessary for me to go into the question whether on the facts petitioner is required to get sanction to prosecute respondents 1 to 3 or not. But learned Magistrate has to hear petitioner and pass appropriate orders stating reasons in the matter. Resultantly this Criminal Miscellaneous Case is allowed. Annexure-A3, order dated 11.11.2010 passed by learned Judicial First Class Magistrate, Ponnani in C.M.P.No.964 of 2007 is set aside and the matter is remitted to the learned Magistrate for fresh decision after hearing petitioner. THOMAS P.JOSEPH, Judge. cks