SANJEEVE Vs. LUIS

JUDGEMENT

(1.) This is a petition filed under S.482 of the Code of Criminal Procedure by the 11th accused in C. C. No. 423 of 1978 on the file of the Chief Judicial Magistrate's Court, Ernakulam to quash the complaint against him.

(2.) The petitioner is an officer belonging to the Indian Administrative Service who worked in 1978 at Cochin as Sub Collector (Revenue Divisional Officer) and Sub Divisional Magistrate (Executive). There were disputes between the first respondent complainant and the second respondent - 1st accused regarding a pathway, the first accused claiming it to be a public pathway in which he and his institution have a right of way. There appears to have been some other litigation between the parties also. On 6-10-1978 the first accused filed a complaint before the petitioner herein alleging obstruction by the first respondent on the public pathway and sought his assistance in the matter. The petition was filed before the Revenue Divisional Officer in his capacity as Executive Sub Divisional Magistrate. After perusing the petition, he passed an order as follows:

(3.) On 16-10-1978 the first respondent filed a complaint before the Chief Judicial Magistrate, Ernakulam against 11 persons alleging offences under S.143, 148, 352, 457, 382, 441 and 503 IPC. The present petitioner has been shown as the 11th accused in the case. The learned Magistrate appears to have taken cognizance of the case and issued summons to the parties. The 2nd respondent herein filed Crl. M. P. 1241 of 1978 in this Court to quash the proceedings. Its was ultimately dismissed in February 1980 on the ground that there was no justification for interference at that stage. Meanwhile on 23-12-1978 the present petitioner (11th accused) filed a petition before the learned Magistrate contending that the prosecution is not maintainable for want of sanction under S.197 of the Code. No order has been passed on the petition till now. On the disposal of Crl. M.P. No. 1241 of 1978 by this Court, the learned Magistrate appears to have issued summons to all the accused once again. Thereupon the 11th accused has come up with this petition under S.482 of the Code of Criminal Procedure (for short the 'Code').