LAWS(KER)-2013-2-118

STATE OF KERALA Vs. MANIKUTTAN

Decided On February 18, 2013
STATE OF KERALA Appellant
V/S
Manikuttan Respondents

JUDGEMENT

(1.) These two writ appeals are taken together for disposal on merits.

(2.) The 1st respondent Mr.Manikuttan alias Manikandan approached the learned single Judge challenging Ext.P14 order passed by the 2nd respondent rejecting Ext.P8 application submitted by him seeking sanction to prosecute 5th respondent who is the appellant. The learned Judge though opines that the order at Ext.P14 suffers from non-application of judicious mind to the facts before passing an order like Ext.P14, but proceeds to opine that there has to be a sanction to prosecute 5th respondent.

(3.) It is not in dispute that a civil dispute is i pending before Civil Court between the writ petitioner and his mother and third party purchasers which led to the present situation. According to the writ petitioner, the police officer (5th respondent) resorted to illegal methods forcing the writ petitioner to compromise the matter with his mother and third