IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 24TH JANUARY 2008 / 4TH MAGHA 1929 Crl.MC.No. 65 of 2008() ----------------------- CC.1/2007 of JUDL. MAGISTRATE OF FIRST CLASS, CHANGANACHERRY .................... PETITIONER: ACCUSED ------------------- IKE MANI, PRESIDENT, PANACHIKKADU GRAMA PANCHAYATH, RESIDING AT THEKKEKKARA VEETTIL, PANACHIKADU VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.R.REJI SRI.B.BIPIN RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I. OF POLICE, CHINGAVANAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 65 of 2008 * * * * * * * * * * * * * * * * * * Dated: 24-01-2008 ORDER Petitioner who is the President of the Panachikkadu Grama Panchayath and who is the accused in annexure A1 complaint registered by the Chingavanam Police as Crime No. 418 of 2006 alleging an offence punishable under Sec. 509 I.P.C. seeks to quash Annexure A1 complaint , A2 F.I.R. and A3 charge-sheet filed by the police. The allegation against the petitioner is that when P.W.2 (Kamala) who was the Secretary of the Panchayath refused to issue a death certificate on the ground that it could be issued only after getting the confidential report, the petitioner/accused abused her in filthy language and thereby committed an offence punishable under Sec. 509 I.P.C. Apart from attributing political hostility to the complainant, Kamala, the petitioner has also a further ground that he is a public servant who can be prosecuted only after obtaining a sanction as contemplated by Sec. 248 of the Panchayat Raj Act and 197 of Cr.P.C. Even assuming that the petitioner is a public servant, the question as to whether there was sufficient nexus between the alleged offence and the discharge of his official duty is a matter -:2:- Crl.M.C. No. 65 of 2008 which may have to be considered during the trial of the case. Hence, Sec. 482 cannot be invoked to quash the proceedings at the threshold. Reserving the right of the petitioner to raise all his contentions at the appropriate stage, this Crl. M.C. is disposed of. V. RAMKUMAR, (JUDGE) Communicate a copy of this order to the Court below. ani.