IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929 Crl.MC.No. 479 of 2008() ------------------------ ST.370/2005 of ADDL. CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM .................... PETITIONER: ACCUSED NO.2 -------------------------------- SAJI, AGED 37 YEARS, S/O.BASHEER, SULTHANA, T.C.NO.10/747 (1), MANNAMOOLA, PEROORKADA, THIRUVANANTHAPURAM. BY ADV. SRI.R.T.PRADEEP RESPONDENTS: COMPLAINANT & ACCUSED NO.1 ------------------------------------------------------ 1. ENFORCEMENT OFFICER, EMPLOYEES' PROVIDENT FUND ORGANIZATION, PATTOM, TRIVANDRUM. 2. M/S.KERALA STATE AUDIO VISUAL AND REPROGRAPHIC CENTRE, PUNNAPURAM, THIRUVANANTHAPURAM REPRESENTED BY ITS MANAGING DIRECTOR. BY SMT. T.N. GIRIJA, SC. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/02/2008, ALONG WITH Crl.MC Nos.480, 481, 482, 483, 484, 491, 504,505, 506, 507 & 509 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Crl.M.C. Nos. 479,480, 481, 482, 483, 484,491,504, 505, 506, 507 and 509 OF 2008 ----------------------------------- Dated this the 5th day of February, 2008 O R D E R In these petitions filed under Section 482 CrPC petitioner is the common second accused in ST Nos.370/05 CC No.1624, 1626, 1631 and 1627 of 2007 ST No.372/05 CC Nos.1629/07, ST No.369/05, CC No.1630/07 ST 371/05 CC No.1625/07 and CC No.1628 of 2007 respectively on the file of the Additional Chief Judicial Magistrate, Thiruvananthapuram. The offences alleged against the Kerala Audio Visual and Reprographic Centre of which the 1st accused is the present Managing Director and the petitioner herein (2nd accused), the former Managing Director are those punishable under Section 14 (1)(B) read with Section 6(C) of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 and paragraphs 7 and 8 of the Employees Deposit Linked Insurance Scheme, 1976. 2. The prayer in these petitions is to quash Annexure A1 complaint in all these cases. It cannot be acceded to at this stage. One of the grounds urged in support of these petitions is that the Crl.MC No. 479 & conn. OF 2008 2 petitioner who was employed as the Managing Director of the Kerala State Audio Visual and Reprographic Centre was a public servant employed in connection with the affairs of the State and not removable from the post save with the sanction of the Government, could be prosecuted for the aforesaid offences only after obtaining the requisite sanction for prosecution under Section 197 Cr.PC. That is a point which the petitioner can very well urge before the trial court. Proceedings cannot be quashed for want of sanction. Even assuming that the petitioner’s contention regarding sanction is finally upheld, that can only result in dropping the proceedings which can again be continued after obtaining the requisite sanction. Hence, I refrain from granting the prayer to quash the proceedings. Accordingly, these Crl. MCs are disposed of without prejudice to the right of the petitioner to raise all contentions including the contention regarding sanction under Section 197 Cr.PC before the trial court, at the appropriate stage. In case the petitioner chooses to raise the question regarding sanction under Section 197 Cr.PC as a separate issue, he can do so by filing a Crl.MC No. 479 & conn. OF 2008 3 petition in that behalf within three weeks from today and for the disposal of such a petition, the learned Magistrate shall not insist on the personal appearance of the petitioner. V. RAMKUMAR, JUDGE btt Crl.MC No. 479 & conn. OF 2008 4