ASHOK KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner herein is arrayed as the second accused in C.C.No.1156 of 2020 pending before the Judicial First Class Magistrate Court-I, Thrissur arising from Crime No.723 of 2015 of Viyyur Police Station for offence punishable under section 304A of the Indian Penal Code.

(2.) The allegation of the prosecution was that, petitioner while working as Deputy Prison Officer along with two other officials, including the Deputy Superintendent of Viyyur Central jail failed to take a prisoner on time to the hospital which culminated in the death of that person on 24.05.2015. Pursuant to the crime registered, investigation was carried out and final report was laid.

(3.) Petitioner, contending that he is innocent and that, prosecution of the petitioner is without sanction under Section 197 Cr.P.C has approached this Court. Learned counsel for the petitioner invited my attention to Annexure-A3 judgment, by which, another Bench of this Court in Crl.M.C.No.1795 of 2018 filed by a co-accused quashed the proceedings on the ground that sanction under S.197 Cr.P.C has not been obtained from the Government to prosecute the accused. It was also held that the incident happened while the accused were on official duty.