ITTYAVIRA APPRAN Vs. MOHAMMAD KUNJU

JUDGEMENT

(1.) THIS criminal revision petition was referred by me for decision by a Full Bench. The order o reference is as follows:

(2.) THE referring order mentions only the causing of hurt to the complainant while ha was being taken to the Police station from the place where he was arrested. The complaint states that after the arrest and before he was made to get into the motor vehicle which took the complainant and the police party to the Police Station, all the four accused persons beat the complainant on the public road and that violence was used against him even while the vehicle was moving. It is further stated in the complaint that after the complainant was taken to the police station on the evening of that day at about 4-30 p. m. accused 2 and 3 Inflicted injuries on him. Yet another chapter of the occurrence complained of is that during the night that followed, accused 1 and 3 with the assistance of two police constables who are not sought to be proceeded against subjected the complainant to severe torture.

(3.) THE Public Prosecutor contended that in case the original assault on the road by accused 1 could not be taken cognizance of by a court unless Government sanctioned the initiation of proceeding as required by Section 197 (1), the privilege of immunity from prosecution without sanction will extend also to the acts accused 1 did against the complainant during the night. We are afraid there is absolutely no warrant for the contention. Assuming that the incident complained of as having taken place on the road after arrest could not be taken cognizance of by a criminal court without sanction it is impossible to bring the last chapter of the incident viz. , what is alleged to have taken place during the night within the inhibition of the section. As the sequel will deal with or refer to decided cases directly dealing with that question, without more ado I straightway hold that accused 1 is liable to be proceeded against in respect of that part of the complaint without any sanction under Section 197, Criminal P. C.