IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 4TH JUNE 2010 / 14TH JYAISTHA 1932 WP(C).No. 10254 of 2010(Q) -------------------------- CMP.11186/2006 of J.M.F.C. - I, CHALAKUDY .................... PETITIONER(S): ----------------------- SHAJI, AGED 29 YEARS, S/O.MUHAMMED, PUTHUVEETTIL HOUSE, VELLANIKKARA VILLAGE, THRISSUR. BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENT(S): --------------------------- 1. SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. ADDL.SECRETARY TO GOVERNMENT HOME DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. SUPERINTENDENT OF POLICE, THRISSUR. GOVERNMENT PLEADER SRI.S.U.NAZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = W.P.(c).No.10254 of 2010 = = = = = = = = = = = = = = Dated this the 4 th day of June, 2010 JUDGMENT In this writ petition filed under Article 226 of the Constitution of India, the petitioner who is the complainant in a private complaint filed by him as C.M.P.No.11186/2006 before the J.F.C.M, Chalakudy against the Sub Inspector of Police and four other police constables alleging custodial violence, seeks a direction to set aside Ext.P4 order passed by the Government refusing sanction to prosecute the aforesaid accused persons and a further direction to Home Secretary to consider Ext.P2 application for sanction afresh after obtaining a proper enquiry report from the Superintendent of Police, Thrissur. 2. According to the petitioner, on a complaint filed by his wife alleging an offence punishable under Section 498A IPC, the Mala Police had taken him into custody on 24.7.2006 in Crime No.260 of 2006 of Mala Police Station W.P(c). No. 10254 of 2010 2 and while in Police custody he was manhandled by the accused Police Officers. In order to prosecute them for the torture committed by them he had filed the above private complaint as C.M.P.No.11186/2006 before the J.F.C.M, Chalakudy. As per Ext.P2 application he sought prosecution sanction and as per Ext P4 order dated 14.7.2009, the sanction prayed for was declined. Hence this writ petition. 3. One of the main contentions raised by the petitioner was that the prosecution sanction was declined without calling for any report from the Superintendent of Police, Thrissur (3rd respondent) . 4. The learned Public Prosecutor in charge of the case, after instructions, submitted that the said contention of the petitioner is not correct. The prosecution sanction was refused after considering the report of the Superintendent of Police. A copy of the said report is produced before me and it is argued that it was acting on the said report that W.P(c). No. 10254 of 2010 3 the Government passed Ext.P4 order. It is also stated that on the petitioner complaining of body pain presumably due to sitting and lying down on the floor of the Police Station during night on 25.7.2006 he was taken to the Government Hospital, Mala from where the Doctor examined him and gave him first aid and that the petitioner did not make any complaint of assault either to the Doctor or to the Magistrate before whom he was produced along with the remand report. 5. I do not think that Ext.P4 order has been passed arbitrarily and without even calling for a report from the Superintendent of Police, Thrissur. The petitioner cannot be granted any of the reliefs prayed for in this writ petition. This writ petition is accordingly dismissed. Dated this the 4th day of June, 2010. V. RAMKUMAR, JUDGE sj