G.K. MOHANAN PILLAI Vs. NUMAN

JUDGEMENT

(1.) Complainant in Crl.M.P.No.3483/2011 on the file of Judicial First Class Magistrate, Adoor is the petitioner. He challenges the legality of impugned Annexure-IV order passed by the learned Magistrate on 09.10.2018 dismissing the private complaint filed by him against respondents 1 to 3on the ground that sanction required under Section 197(1) of the Code of Criminal Procedure,1973 (for short,'the CrPC ') was not produced, despite sufficient time having been granted.

(2.) Respondents 1 to 3 are police officials of Enathu Police Station. The allegation in the complaint is that on 09.03.2011 at 9.30 pm, second and third accused came to the residence of the petitioner and took him by force in a police jeep and the second respondent who was the head C.P.O. assaulted him causing injuries. On 10.03.2011 at 8 am, first respondent, Sub Inspector of Police came and he assaulted the petitioner with clenched fist on his back and chest. Further allegation is that he stamped the petitioner with his left shoe leg also. The third respondent is another CPO attached to the same Police Station who is stated have beat on the left side of his chest.

(3.) The learned Magistrate recorded the sworn statement of the petitioner and then five other witnesses as part of enquiry under Section 202 of the CrPC. Seven documents produced were also perused by the learned Magistrate. On consideration of these materials before him, he found that since respondents were engaged in their official duties, they were entitled to legal immunity from prosecution and no cognizance could be taken of offence except with the previous sanction of the State Government. A decision of a learned Single Judge of this Court cited before him was also relied in this respect.