IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 Crl.MC.No. 75 of 2009() --------------------------------- S.C. NO.190/2008 OF ADDL. ASST. SESSIONS COURTII, KOZHIKODE ........ PETITIONER(S): ACCUSED ---------------------- 1. M.M. RAGHAVAN, S/O. E. KELU, RETIRED, C.I. OF KERALA POLICE, BLOSSOM TRICHAMBARAM, THALIPARAMBU, KANNUR, KANNUR DISTRICT. 2. THANKACHAN, S/O. MADHAVAN, KAREEKUNNEL HOUSE, POST VALAVAYAL, KELICHIRA, WAYANAD. 3. C.GOVINDANKUTTY, S/O. RAVUNNI NAIR, RETIRED A.S.I. OF KERALA POLICE, KIZHAKKAYIL HOUSE, POST PANANGAD, BALUSSERRY, KOZHIKODE DISTRICT. BY ADV. SRI.K.M.FIROZ RESPONDENT(S): STATE AND DEFACTO COMPLAINANT ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ANTONY JOSEPH, S/O. JOSEPH THOMAS, AGED 42 YEARS, THEKKUMKATTIL HOUSE, MUKKAM POLICE STATION LIMITED, THAZHEKODE AMSOM, DESOM, MUKKAM, CALICUT. PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 75 of 2009 - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of January, 2009 O R D E R The petitioners are police officials (two of them having already retired from service) and they face prosecution for offences punishable, under Sections 323, 324, 352, 357, 294(b) and 506(i) r/w. 34 I.P.C. Though the offences are triable by a Magistrate, the case has been committed to the court of Sessions by the learned Magistrate as a counter case (allegedly a counter case) is pending before the Sessions Court. Cognizance was taken against the petitioners in C.C.280 of 2004, but reckoning the proceedings as a counter case to S.T. 714 of 2006, the case has been committed to the Court of Sessions under Section 323 Cr.P.C. and the same has been numbered as S.C.190 of 2008. 2. The short grievance raised by the petitioners is that the cognizance taken against them is bad in law for the reason that the requisite sanction under Section 197 Cr.P.C. has not been obtained. The petitioners are police officials and cognizance taken against them without the requisite sanction under Section Crl.M.C.No. 75 of 2009 2 197 Cr.P.C. is not proper and the proceedings are not liable to go further, submits the counsel for the petitioners. 3. I have heard the learned counsel for the petitioners. I am satisfied that the contention of the petitioners deserves to be considered. I am satisfied that the interests of justice shall be eminently served by permitting the petitioners to raise this contention before the Sessions Court and with direction to the Sessions Court to consider the same expeditiously before proceeding further in the matter. It is submitted before me that the trial in the case has not commenced yet. 4. This Crl.M.C. is accordingly allowed. The petitioners are permitted to raise the contention before the learned Addl. Asst. Sessions Court -II, Kozhikode, before which S.C.190 of 2008 is pending, that the petitioners are not liable to be proceeded against further in the absence of sanction under Section 197 Cr.P.C. The learned Asst. Sessions Judge shall consider such plea and take appropriate decision in the matter before proceeding further. (R. BASANT) Judge tm Crl.M.C.No. 75 of 2009 3