T.P.DILIP Vs. STATE OF KERALA

JUDGEMENT

(1.) This memorandum of criminal revision petition is filed under Section 397 read withSection 401 of Code of Criminal Procedure seeking to set aside the order dated 4.07.2007 in C.C.No.296/99 on the file of the Chief Judicial Magistrate Court, Kollam whereby the learned Magistrate dismissed the contention of the revision petitioner/accused that he is liable to be discharged for want of sanction under Section 197(1) of Cr.P.C.

(2.) The revision petitioner/accused (hereinafter referred to as 'the accused') was working as the Sub Inspector of Police in Kollam West Police Station during December, 1997. The 2nd respondent filed a private complaint against the accused alleging offences punishable under Sections 341 , 342 , 323 , 325 and 352 of the Indian Penal Code (hereinafter referred to as 'the IPC ') before the learned Magistrate. Upon recording the sworn statement of the 2nd respondent/complainant (hereinafter referred to as 'the complainant'), the learned Magistrate registered the case as C.C.No.296/99 and issued process to the accused. On receipt of the summons, the accused entered appearance. The trial court examined PWs.1 to 5 and marked Exts.P1 to P6. By order dated 28.10.2004, the trial court formed an opinion that there is ground for presuming that the accused has committed offences punishable under Sections 341 , 342 , 323 , 325 and 352 of the IPC and the case was adjourned to 15.1.2005 for framing charge. At this juncture, the accused filed C.M.P.No.2084/2004 before the trial court praying to dismiss the complaint for want of sanction under Section 197(1) of the Cr.P.C. The trial court as per order dated 12.7.2006 dismissed the aforesaid C.M.P. finding that there is no nexus between the alleged acts and the official duties of the accused. The accused challenged the aforesaid order before this Court in Crl.R.P.No.3313/2006. This Court dismissed the Crl.R.P. with a direction to complete the evidence under Section 244 of the Cr.P.C. and to consider the question of framing charge under Section 245(1) of Cr.P.C. after adverting afresh taking into consideration of the contention that the prosecution is bad for want of sanction under Section 197(1) of Cr.P.C. This Court further directed the trial court to give full opportunity to adduce evidence under Section 244 of the Cr.P.C. before the question of discharge under Section 245(1) of the Cr.P.C. is considered afresh. It was further directed that, the trial court shall consider admission of Annexures-A5 and A6 produced by the accused before the trial court and pass appropriate orders.

(3.) In obedience to the direction of this Court, PW1 was recalled and marked Ext.D1.