KRISHNA PILLAI MADHAVAN PILLAI Vs. P SADASIVAN PILLAI

JUDGEMENT

(1.) This Revision petition is filed by the complainants against the order passed by the Sub Magistrate of Chengannur in C. C. 666/59 allowing a preliminary objection raised by the accused and dismissing their complaint. The allegations in the complaint were that on 23-7-59 they were severely beaten by the four accused, carried in the police van and unlawfully detained in the police station till 5P.M. when they were sent to the hospital.

(2.) The accused presented an application to the learned Magistrate in which they alleged that what really happened on that day was that a large crowd gathered in the premises of the Mulakkuzha Government High School in connection with the anti Government agitation, that they along With the Executive First Class Magistrate had gone to maintain law and order, that the crowd pelted stones at the police party, that the Executive First Class Magistrate declared the assembly as unlawful and ordered them to disperse and when they refused to disperse orders were given to them to disperse the assembly by resorting to a mild lathi charge and that they had acted in the exercise of their powers under S.127 and 128 Crl. P. C., In dispersing an unlawful assembly and that the complaint Was therefore barred by S.132 Crl. P. C. for want of sanction of the State Government. An attested copy of the F.I.R., registered by the police against these complainants find others for offences under S.148, 337, 332 and 427 I.P.C. was produced along with the petition.

(3.) A further contention was also raised that accused 1 and 2 are public servants removable from office only by the State Government and that to prosecute them for the offence alleged to have been committed by them while acting or purporting to act in the discharge of their official duties, sanction will have to be obtained under S.197 Cr. P. C., and the court could not take cognizance against them except with the previous sanction of the State Government. It has not been disputed before me that accused 1 and 2 were removable from their office only by the State Government. As such S.197 will be applicable if the other conditions laid down in the section were satisfied.