T M SOMARAJAN Vs. P JAYAKUMAR

JUDGEMENT

(1.) The accused in C. C. No. 95 of 1982 on the file of the Chief Judicial Magistrate, Trivandrum, now working as Deputy Superintendent of Police, Crime Detachment, Alwaye, has filed this petition under S.482 of the Code of Criminal Procedure (for short the 'Code') seeking to quash the proceedings against him.

(2.) The complaint relates to certain alleged acts of the petitioner in November, 1981 when he was working as Circle Inspector of Police, Crime Detachment, Alleppey and in-charge of investigation of Crime No. 248 of 1981 of Kayamkulam Police Station in which it is said that the complainant 1st respondent herein is the 1st accused. It is alleged in the complaint filed against the petitioner herein that on account of the previous ill feeling and with the object of implicating the complainant in a capital offence and thereby ruin his status and life and with a view to detain him wrongfully and by threat and intimidation compel him to make a confession, on 21-11-1981 at about noon, the petitioner unlawfully entered the building near R. S. S. office in Trivandrum and took away the complainant from there forcibly in K.L.A. 5666 police jeep to Cantonment Police Station and from thereto Rajadhani Tourist Home in Fort and from there to Palayam Aruna Lodge and from thereto Palayam Cantonment Camp and then to a room in the building housing Alleppey Circle Detachment office and wrongfully confined him there till 3 p. m. on 24-11-1981 without even allowing him facilities to answer calls of nature. During this period the petitioner threatened and intimidated the complainant to make a confession in regard to the case in which the complainant was to be implicated by saying that he will not be allowed to live. Meanwhile a Habeas Corpus petition as O.P.No. 6248 of 1981 was filed in this Court in regard to the unlawful detention and coming to know of this, the petitioner created false records to the effect that the complainant was arrested on 24-11-1981 at 3 P.M. at Thampanoor Bus Stand and showed him as accused in Crime No.248 of 1981 of Kayamkulam Police Station and produced him before the Haripad Magistrate's court. It is further alleged that the petitioner is guilty of offences under S.348, 346 and 506(2) IPC.

(3.) Learned Magistrate took the case on file and issued process to the petitioner. Petitioner thereupon raised a contention that the prosecution is unsustainable for want of sanction. Learned Magistrate overruled this contention under Ext. P2 order dated 13-4-1983. It is this order which is now sought to be quashed.