SADASIVAN PILLAI Vs. KRISHNAN NAIR

JUDGEMENT

(1.) THIS revision is from the order of the Sub -Divisional Magistrate of Chengannur dismissing the petition filed by the accused in C.C.No.112 of 1959 of that court praying that the complaint against them be dismissed for want of sanction as required by section 197(1)of Criminal Procedure Code.

(2.) THE complainant's case was that at about noon on 23rd July 1959 while he was standing in his property called Illathu Purayidom on the southern side of Mulakkazha English High School a police party including the two accused "the 1st accused was the then Deputy Superintendent of Police,Chengannur and the 2nd accused,a Head Constable of the Armed Reserve "came there and after beating up the people standing in front of the school the two accused trespassed into his property and assaulted him with the result that he suffered grievous hurt.The complaint was taken on the file and summons issued to the accused.The accused appeared and put in a petition stating that since the case was one concerning their actions while on official duty and as no sanction to prosecute them has been obtained as required by section 197(1)of the Criminal Procedure Code,the case should be dismissed.They alleged that at the time in question some 2,000 Persons under the leadership of the complainant and others had gathered at the High School in a demonstration against the Government.The local Executive First Class Magistrate declared the crowd an unlawful assembly and when the crowd failed to disperse the Magistrate ordered the police to disperse it by a lathi -charge.It is further alleged that the complainant was one of those arrested and charged in this connection.The learned Magistrate dismissed the above petition holding that the necessity for such a sanction must be determined with reference to the nature of the allegations made in the complaint and not with reference to any plea that the accused proposed to raise and that in this case the allegations in the complaint indicate that the actions of the accused could not have been done or purported to have been done in the discharge of their official duties.

(3.) IN the light of the above observations there can be no doubt that the question of sanction under section 197 can be considered at any stage of the case,when from the facts before it,the court can come to a decision whether such sanction is necessary or not,However it must be observed that since the question is one of juris­diction it is best determined at the earliest opportunity.