THOMAS Vs. MUSTHAFA

JUDGEMENT

(1.) THE only question that arises for determination in this criminal miscellaneous case filed by the accused persons in C.C. No.620/80 on the file of the Judicial Magistrate of I Class, Perumbavoor, a private complaint, filed by the first respondent herein, is whether the said complaint is competent and the proceedings therein are liable to be quashed, for want of previous sanction of the appropriate authority under S.197 of the Code of Criminal Procedure. 1973, hereinafter called the Code, and under S.397 of the Kerala Municipalities Act, 1960 (Act 14 of 1961), hereinafter referred to as the Act.

(2.) THE first respondent filed a complaint before the Judicial Magistrate of 1 Class, Perumbavoor, against the petitioners herein who are respectively accused 1 to 4 in the complaint, alleging that they committed offences punishable under Ss. "447,427. and 109" IPC. THE material allegations in the complaint can be stated as under:

(3.) ON receipt of the process, accused No.1 filed "Crl. M P. No.3301/80" and accused Nos. 2 to 4 "Crl. M. P. No.3152/80", stating that they being Commissioner and Municipal Councillors are protected under S.397 of the Act and also under S.197 of the Code and their prosecution is incompetent for want of previous sanction from appropriate authorities.