IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 Crl.MC.No. 2216 of 2011(F) ------------------------------------- [C.C. NO. 1316/2009 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, MALAPPURAM] .................... PETITIONER/ACCUSED NO.1: ------------------------------------------ A.M.SIDHIQUE, S/O. A.MOHAMMED MASTER, ACHIPRA HOUSE, BHEEMANAD P.O., ALANALLOOR (VIA), PALAKKAD. BY ADVS. SRI.SUNIL NAIR PALAKKAT, SMT.R.LEELA. RESPONDENTS/STATE & DEFACTO COMPLAINANT: --------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. CHEKKUTTY HAJI, PANDAKKAL HOUSE, KLARI AMSOM, EDARIKODE POST, TIRURANGADIPADI, TIRURANGADI (VIA), MALAPPURAM. R1 BY PUBLIC PROSECUTOR SMT. R. REMA R2 BY ADV. SRI.JAMSHEED HAFIZ. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 13/10/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.C. NO.2216/2011-F: APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE A1: COPY OF THE COMPLAINT IN C.C. 1316/09 DTD. 05/11/2008, J.F.C.M., MALAPPURAM. ANNEXURE A2: COPY OF THE ORDER TAKING COGNIZANCE DTD. 24/10/2009. ANNEXURE A3: COPY OF THE ORDER IN C.M.P. NO. 2930/2011 DTD. 13/06/2011 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, MALAPPURAM. ANNEXURE A4: COPY OF THE F.I.R. NO. 105/2008 DTD. 02/03/2008. RESPONDENTS' EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE Prv. N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.2216 of 2011 ---------------------------------------------------- Dated this the 13th day of October, 2011 Order The petitioner is the accused in CC No.1316 of 2009 on the file of the JFCM Court, Malappuram. The offences alleged against him are under Sections 294(b) and 506(1) IPC. It is alleged that while the petitioner was working at Sub Inspector at Kottakkal Police Station, he had used obscene words and threatened the second respondent. The allegation is that when the complainant went to the police station and requested for receipt of the complaint which he had given earlier, the petitioner used obscene words and threatened him. The learned counsel for the petitioner submits that on going through the complaint, it can be seen that no obscene word arousing sexual impure thoughts is spelt out. The learned counsel further submits that it is easy to say that he was threatened by the police officer. 2. The main plank of attack made by the petitioner is that no sanction as required under Section 197(1) Cr.P.C. has been obtained in this case. According to the learned counsel, it is not a Crl.M.C.2216/2011 2 case where even if the allegations in the complaint are accepted as true, the offences complained of do not require sanction under Section 197(1) Cr.P.C. to prosecute the petitioner. It is also pointed out that the main reason which prompted the complainant to file a complaint against the petitioner is that the petitioner had submitted a report to the Superintendent of Police, Malappuram as a result of which proceedings were initiated against the son of the complainant under KAAPA as per proceedings No.1911/SDOT/ROWDY 2/08 dated 17.7.2008. It is also pointed out that the Advocate who drafted the complaint also had grouse against the petitioner since the petitioner had registered FIR No.105/08 against the said Advocate and two others for offences punishable under Sections 489B and 489C read with Section 34 IPC. A copy of that FIR is produced as Annexure A4. In the light of what have been highlighted above, it is clear that sanction under Section 197(1) Cr.P.C. is required to prosecute the accused. No sanction was obtained under Section 197(1) Cr.P.C. in this case. Since no sanction was obtained under Section 197(1) Cr.P.C., the case charged against the petitioner is only to be quashed. In the result, this Crl.M.C. is Crl.M.C.2216/2011 3 allowed. All further proceedings as against the petitioner in C.C.No.1316 of 2009 on the file of the JFCM Court, Malappuram is quashed. N.K.BALAKRISHNAN, JUDGE. srd Crl.M.C.2216/2011 4