IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 14TH MARCH 2008 / 24TH PHALGUNA 1929 CRL.A.No.1554 of 2004 (C) ------------------------------- AGAINST THE ORDER IN CRL.L.P.542/2004 Dated 13/09/2004 CC.297/2000 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KODUNGALLUR. .................... APPELLANT: COMPLAINANT -------------------------------- DR.SUBAIR, SHIFA CLINIC & NURSING HOME, THALIPARAMBA. BY ADV. SRI.K.A.JALEEL SRI.T.T.MUHAMOOD RESPONDENTS: ACCUSED ------------------------------ 1. JABBAR, CIRCLE INSPECTOR OF POLICE, CRIME BRANCH SPECIAL INVESTIGATION TEAM, MURIYAMTHODU, THRISSUR. 2. ANIL, HEAD CONSTABLE, SPECIAL INVESTIGATION TEAM, MURIYAMTHODU, THRISSUR. 3. MUHAMMADALI, HEAD CONSTABLE, SPECIAL INVESTIGATION TEAM, MURIYAMTHODU, THRISSUR. 4. VENU, HEAD CONSTABLE, SPECIAL INVESTIGATION TEAM, MURIYAMTHODU, THRISSUR. BY ADV. SRI.S.RAJEEV PUBLIC PROSECUTOR SRI.P.RAVINDRA BABU THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 14/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ Crl. Appeal No.1554 of 2004 ------------------------------------------------ Dated this the 14th day of March, 2008 JUDGMENT This is appeal filed with leave by the complainant in C.C.297/2000 on the file of the Judicial First Class Magistrate's Court, Kodungallur assailing the acquittal of the respondents of offence punishable under Sections 323, 325, 341 and 506(ii) IPC read with Section 34 thereof vide Section 255(1) of the Cr.P.C. 2. When this appeal came up for hearing it was pointed out by the Public Prosecutor that the complaint is one filed against four police officers one of whom is a Circle Inspector of Crime Branch Special Investigation Team and the others are all police head constables in the said special investigation team constituted to investigate into the death of one Santhosh registered as Crime No.220/96 Crl. Appeal No.1554 of 2004 -2- of Mathilakam Police Station, but that the complaint has been filed without obtaining sanction under Section 197 of the Cr.P.C. He has also pointed out the notification issued by the Government dt.06/12/97 in exercise of power conferred under Sub Section 3 of Section 197 of the Cr.P.C directing that the provisions of Sub Section (2) of Section 197 of the Code shall apply to all members of the Kerala State Police Force charged with maintenance of public order. 3. The counsel for the appellant has no case that the respondents were not members of the Kerala State Police Force charged with maintenance of public order. When such sanction as contemplated under Section 197 is not obtained, the complaint itself should not have been taken cognizance of by the learned Magistrate and either an acquittal or conviction could be had only in a case which Crl. Appeal No.1554 of 2004 -3- is taken cognizance of legally. In the instant case, cognizance having been taken without sanction obtained under Section 197 of the Cr.P.C, cognizance taken itself is improper and illegal, and consequently, therefore, the learned Magistrate should have dropped the proceedings. 4. In the above view, I set aside the acquittal of the respondents of offence under Sections 323, 325, 341 and 506(ii) IPC read with Section 34 thereof and drop the proceedings against them. 5. This Criminal Appeal is disposed of as above. K.P.BALACHANDRAN, JUDGE kns/-