IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 19TH JANUARY 2009 / 29TH POUSHA 1930 Crl.MC.No. 261 of 2009() ------------------------ CC 18/2004 OF THE ENQUIRY COMMISSIONER AND SPECIAL JUDGE, KOTTAYAM PETITIONER(S): --------------- M.V.ARAVINDAKSHAN NAIR, S/O.VELU PILLAI, "SREESHYLAM" SASTHAMCOTTA, KOLLAM. BY ADV. SRI.P.RAVEENDRAN PILLAI SRI.INDIRA RAVEENDRAN RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.261 of 2009 ---------------------------------------- Dated this the 19th day of January 2009 O R D E R The grievance of the petitioner in this calender case initiated as early as in 2004 is that cognizance has been taken without the requisite sanction under Section 197 Cr.P.C. In the course of discussions at the Bar, it is revealed that charges have already been framed. If the petitioner is aggrieved by the order framing charge on the ground that the requisite sanction under Section 197 Cr.P.C has not been obtained, it is certainly open to the petitioner to challenge the order framing charge in revision. It is submitted that the period prescribed for preferring a revision petition has already elapsed. Even if it be so, the petitioner has to prefer a revision along with an application for condonation of delay in filing the revision petition. I find no justification in the prayer to invoke the extraordinary inherent jurisdiction under Section 482 Cr.P.C. 2. In these circumstances, this Crl.M.C is dismissed but with the specific observation that the petitioner's right to challenge the order in revision shall remain unfettered by the dismissal of this Crl.M.C - subject of course to the law of limitation. (R.BASANT, JUDGE) jsr Crl.M.C.No. 2 Crl.M.C.No. 3 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008