BASHEER C. CHIRAKKAL Vs. MOHAMMED SHAJI

JUDGEMENT

(1.) The petitioner is the accused in C.C. No.1032/2014 instituted on private complaint at the instance of 1st respondent herein. The petitioner being aggrieved by Annexure - A2 order issuing process against him for offences punishable under Sections 294(b), 323, 324 and 342 of IPC, has sought to quash the order invoking the inherent power of this Court under Section 482 of the Cr.P.C.

(2.) The petitioner is a Sub Inspector of Police in service. The allegation in Annexure - A1 complaint against him is that on 22.08.2010, he was one of the members of the police party which arrested the 1 st respondent from his house. It is alleged that the petitioner assaulted the respondent at the jeep and the lockup. The contention of the petitioner is that he was falsely implicated. The incident alleged against the petitioner is denied by him as a whole. Annexure - A1 complaint is sought to be quashed on factual as well as the legal grounds. I am not, however, going into the merits of factual grounds taken in support of quashment. I am to consider the sole question as to whether Annexure - A2 order could be sustained against the petitioner in the absence of previous sanction under Section 197(1) of the Cr.P.C as on the date of cognisance of the offences being obtained from the authorities.

(3.) When this matter was heard on a previous occasion, a direction had been issued calling upon the petitioner to produce the copy of the sworn statement of the complainant as well as of the witnesses, if any, recorded by the learned Magistrate as part of enquiry under Section 202 of the Cr.P.C. These statements were not yet produced. Eventhough learned counsel for the petitioner wanted some time to produce the document, I am not inclined to grant more time in this matter, in the nature of view proposed to be taken here under.