IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 28TH OCTOBER 2010 / 6TH KARTHIKA 1932 WP(C).No. 4135 of 2010() ---------------------------------- PETITIONER(S): --------------------- MANIKUTTAN @ MANIKANDAN, ALAYIL KIZHAKKATHIL, MANAKKARA MURI, SASTHAMCOTTA, KOLLAM DISTRICT. BY ADV. SRI.K.SUBASH CHANDRA BOSE RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARAIT, THIRUVANANTHAPURAM. 2. SECRETARY, HOME DEPARTMENT, SECRETARAIT, THIRUVANANTHAPURAM. 3. THE INSPECTOR GENERAL OF POLICE, I.G.OFFICE, THIRUVANANTHAPURAM. 4. THE SUPERINTENDENT OF POLICE, KOLLAM. 5. K.PRASANNA KUMAR, CIRCLE INSPECTOR OF POLICE, SASTHAMCOTTA, KOLLAM NOW WORKING AS DY.S.P - KARUNAGAPPALLY, KOLLAM. R1 TO R5 BY GOVERNMENT PLEADER SRI. P.A. SALIM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C)No. 4135 OF 2010 =========================== Dated this the 28th day of October,2010 JUDGMENT Petitioner filed Ext.P8 application before the Secretary, Home Department and Inspector General of Police, Thiruvananthapuram to grant sanction to prosecute the fifth respondent, Circle Inspector of Police as provided under section 197 of Code of Criminal Procedure . Ext.P7 complaint was filed before Judicial First Class Magistrate alleging that fifth respondent committed offences under section 342, 323, 506(1) and 427 of Indian Penal Code. By Ext.P14, Additional Chief Secretary informed petitioner that sanction to prosecute the fifth respondent was rejected. This petition is filed under Article 226 of the Constitution of India for a writ of certiorari to quash Ext.P14 order or in the alternative to declare that no W.P.(C)4135 /2010 2 sanction is necessary to prosecute the fifth respondent for the offences as alleged in Ext.P8 complaint. 2. Though direction was issued to file a statement within three weeks on 24.2.2010, no statement was so far filed. In the nature of the relief to be granted notice to fifth respondent is not necessary. 3. Learned counsel appearing for the petitioner and learned Government pleader were heard. 4. By Ext.P13 judgment dated 8.12.2009, respondents 1 and 2 were directed to take a decision on Ext.P8 representation within two months, from the date of receipt of a copy of the judgment. It is thereafter Ext.P14 decision was taken and communicated to the petitioner. A perusal of Ext.P14 establishes that sanctioning authority did not consider the application for prosecution in the proper perspective and mechanically rejected the prayer without assigning W.P.(C)4135 /2010 3 any reason. As rightly pointed out by learned counsel appearing for the petitioner, Ext.P9 the report submitted by the Deputy Superintendent of Police based on a petition filed by petitioner before Kerala State Human Rights Commission and communicated to the Kerala State Human Rights Commission, prima facie establishes that the alleged incident is not in exercise of the duties of the fifth respondent as the Circle Inspector of Police. Unfortunately this aspect was not taken into consideration. So also Ext.P9 report shows that an attempt was made to appear that Crime 324/2008 was registered based on the information furnished by the mother of the petitioner, prior to Crime 325/2008. The statement of the Head Constable showed that the time was in fact corrected, at the instance of fifth respondent. Taking into consideration all these facts sanctioning authority should have granted sanction. As under Ext.P14, sanction was rejected without assigning any reason, Ext.P14 can only be quashed. W.P.(C)4135 /2010 4 5. Respondents 1 and 2 are directed to reconsider Ext.P8 application and to grant sanction as sought for, within one month from the date of receipt of a copy of this judgment. Petition is allowed. The order rejecting sanction to prosecute the Circle Inspector in Ext.P8 application and communicated under Ext.P14 is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006