IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 Crl.M.C.No. 1495 of 2006 --------------------------------------- CC.837/2004 of JUDL.MAGISTRATE OF FIRST CLASS-III, KOTTAYAM .................... PETITIONER/FIRST ACCUSED: ------------------------------------------------ P.M.JOSEPH SAJU, S/O. MATHEW, AGED 37 YRS, CIRCLE INSPECTOR OF POLICE, KERALA POLICE ACADEMY, THRISSUR, RESIDING AT POTHADY HOUSE, VADUTHALA, KOCHI-23. BY ADV. SRI.T.K.AJITHKUMAR (VALATH) RESPONDENTS/STATE AND COMPLAINANT: ----------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. GEORGE THOMAS, S/O. LATE THOMMY, AGED 46 YRS, MANNOPARAMBIL HOUSE, MANARKAD, MANARKAD VILLAGE, KOTTAYAM TALUK. PUBLIC PROSECUTOR SRI.P.RAVINDRA BABU SRI.R.S.KALKURA FOR R2 SRI.M.S.KALESH FOR R2 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 17/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No.1495 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of September 2009 ORDER Petitioners are now facing trial in C.C.No.837/04 on the file of the Judicial Magistrate of First Class - III, Kottayam along with another accused for the offences punishable under Sections 217 and 511 of 379 Indian Penal Code. 2. Petitioner who has been arraigned as accused No.1, was working as Sub Inspector of Police, Manarkad Police Station. The specific complaint against the petitioner appears to be that he had failed to register a case against the accused pursuant to a complaint filed by the President of the local Grama Panchayat. The other accused in the case, namely, the employee under a contractor in charge of the road repair is alleged to have committed the offence punishable under Section 511 of 379 IPC in as much as he had tried to take away three vessels containing bitumen in a goods vehicle. 3. I do not propose to deal with the various allegations made in the complaint against the petitioner, since in my view this petition can be disposed of on a short ground. Crl.M.C.No.1495 OF 2006 :: 2 :: 4. It is the admitted position that the complainant has not obtained sanction to prosecute the petitioner as provided under Section 197 of the Code of Criminal Procedure. As mentioned earlier, petitioner was working as Sub Inspector of Police in Manarkad Police Station at the relevant point of time. The allegation against him is that he had failed to register a case against the accused though a complaint in this regard was filed by the President of the Panchayat. In the absence of sanction under Section 197 of the Code, petitioner can not be prosecuted. 5. Therefore, the proceedings pending against the petitioner in C.C.No.837/04 pending on the file of the Judicial Magistrate of First Class - III, Kottayam are quashed. Crl.M.C. is allowed. (A.K.BASHEER, JUDGE) jes