K S MOHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner a Public Servant being a Psychiatrist in service under the State Government has sought for an order taken pursuant thereto, seeking protection of the inhibition under Section 195(1)(b)(ii) of the Code of Criminal Procedure.

(2.) The question of legal importance for consideration in the case is as to what is the alternate remedy available to the aggrieved party when the offender seeks shelter from prosecution under the bar provided in Section 195(1)(b)(ii) in the absence of a complaint filed under Section 340 Crl.P.C. by the Court concerned.

(3.) The petitioner is the second accused in Annexure 'A' F.I.R. in Crime No. 602 of 2002 of Thalassery Police Station registered for offences under Section s 465, 466, 468 and 471 I.P.C. read with Section 34 thereof. The investigation in the case is already over and the police have submitted final report also in the case. The case has been registered also on the file of Judicial First Class Magistrate's Court, Thalassery as C.C.No. 515 of 2002.