M J GEORGE Vs. S I OF POLICE

JUDGEMENT

(1.) THE complainant in Crl. M. P. No. 2360 of 1982 on the file of the Judicial Magistrate of the Second Class No. II Trichur, who filed the complaint against Sub-Inspector of Police. Anthicad Police Station alleging offences under Sections 379 and 384. IPC. being aggrieved by the order of the Magistrate dismissing the complaint for want of sanction under Section 197 of the Criminal P. C. has filed this criminal revision petition.

(2.) THERE can be no doubt that Sub-Inspector of Police is a public servant within the meaning of Section 21 IPC. The question is whether a complaint against a Sub-Inspector of police would fall within Subsection (1) of Section 197 of the Criminal P. C. in which case alone sanction of the State Government will be necessary for any prosecution. The learned Magistrate took the view that Section 197 (1) will apply in the case of prosecution of a Sub-Inspector of police and this view is contested by the revision petitioner.

(3.) THE main part of Sub-section (1) of Section 197 reads thus ;