IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 27TH OCTOBER 2011 / 5TH KARTHIKA 1933 WP(C).No. 897 of 2009(F) ----------------------------------- PETITIONER: ------------------- M.S. ANIL, S/O. SREEDHARAN, SANKARAVILASOM VEEDU, MARAYAMUTTOM DESOM, PERUKADAVILA VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.G.SUDHEER (KARAKONAM). RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. MR. AKBAR I.P.S., ASSISTANT SUPERINTENDENT OF POLICE, NAYYATTINKARA. R1 BY GOVT. PLEADER SMT. SANJEETHA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.897/2009-F: APPENDIX PETITIONER'S EXHIBITS:- EXT.P.1: COPY OF THE WOUND CERTIFICATE ISSUED BY MEDICAL OFFICER DTD. 06/05/2008. EXT.P.2: COPY OF THE O.P. TICKET OF CASUALTY ISSUED BY TALUK HOSPITAL, NEYYATTINKARA. EXT.P.3: COPY OF THE NEWS PAPER REPORT IN KERALA KAUMUDI DT. 27/05/2008. EXT.P.4: COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE R.1. DT. 25/10/2008. EXT.P.4.A: COPY OF THE POSTAL RECEIPT. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE Prv. ANTONY DOMINIC,J. ----------------------- W.P.(C).No. 897 OF 2009 ------------------------ Dated this the 9th day of January, 2009. JUDGMENT The complaint in the writ petition is that, no order has been passed on Ext.P4, an application made by the petitioner seeking sanction of the first respondent, as required under Section 197 of the Cr.P.C for prosecuting the 2nd respondent. Going by the allegations in Ext.P4, it is seen that the petitioner's compliant is that the 2nd respondent has assaulted him. Prima facie I am not satisfied that for prosecuting a person on the allegations raised in Ext.P4, sanction as contemplated under Section 197 of the Cr.P.C is required, as the alleged assault cannot get protection under Section 197 Cr.P.C. Writ Petition fails and is dismissed. (ANTONY DOMINIC) JUDGE vi/