AKBAR Vs. ANIL AND ORS.

JUDGEMENT

(1.) The prayer in this Criminal Miscellaneous Case instituted under the provisions of Sec. 482 of the Code of Criminal Procedure seeking the invocation of the inherent powers conferred on this Court as per that provision, is for an order to set aside the impugned Anx.II order dated 24.10.2013 in Calendar Case, C.C. No. 1515/2013 on the file of the Judicial First Class Magistrate's Court-I, Neyyattinkara, and to quash the impugned Anx.I private criminal complaint filed by the 1st respondent before the said Magistrate's court and all further proceedings arising therefrom.

(2.) It is averred that the petitioner is a Indian Police Service (IPS) officer, currently working as Superintendent of Police in the Crime Branch CID. That he has arrayed as accused in aforementioned impugned proceedings, which led to the institution of Calendar Case, C.C. No. 1515/2013 on the file of the said Magistrate's court registered for offences alleged under Secs.341, 323 and 294(b) of the IPC, on the basis of the impugned Anx.1 private criminal complaint. It is stated that the gist of the factual allegations in the impugned criminal complaint is that on 25.5.2008, one Lawrence, a native of Marayamuttam, Vadakara, died under suspicious circumstances and his body was kept in the mortuary at Neyyattinkara Taluk Hospital and on the next day at 10.30 a.m. the accused (the petitioner herein) reached the Taluk hospital and directed the relatives of the deceased to take the dead body to the residence without conducting post-mortem examination. As the death was under suspicious circumstances, the 1st respondent herein ( de facto complainant in Anx.1) objected to the said act of the petitioner herein and that the petitioner caught hold of the shirt of the 1st respondent herein and had given him a blow on his chest and abused him in abusive words in public. The Magistrate court accepted Anx.1 complaint to its file. It appears that the 1st respondent had submitted a representation dated 25.10.2008 before the State Government contending that the above said acts of the petitioner herein, though amount to criminal offences, require the sanction of the Government as envisaged under Sec. 197 of the Code of Criminal Procedure in order to prosecute the petitioner and that the Government should grant him such sanction in terms of Sec. 197 of the Cr.P.C. so as to enable him to prosecute the petitioner herein. Alleging in-action on the part of the Government in taking a decision on his request, the 1st respondent approached this Court by filing Writ Petition (Civil), W.P.(C). No. 897/2009 seeking appropriate directions in the matter so as to enable him to secure sanction from the Government as per Sec. 197 of the Code. This Court as per judgment dated 9.1.2009 dismissed W.P.(C). No. 897/2009 on the ground that such sanction under Sec. 197 is not required on the factual allegations raised by the 1st respondent against the petitioner herein. The petitioner herein was arrayed as respondent No. 1 in W.P.(C). No. 897/2009. It appears that immediately after rendering the judgment in W.P.(C). No. 897/2009 by this Court on 9.1.2009, the 1st respondent herein had preferred the impugned Anx.1 private criminal complaint on 18.2.2009 before the said Magistrate's court complaining of the above said offences alleged to have been committed by the petitioner herein. The petitioner herein who was arrayed as respondent No. 1 in W.P.(C). No. 897/2009, preferred a Review Petition as R.P. No. 374/2009 praying that this Court's judgment dated 9.1.2009 rendered in W.P.(C). No. 897/2009 may be reviewed to the extent it is found that no sanction under Sec. 197 of the Cr.P.C. is required for prosecuting the petitioner herein. This Court was specifically alerted that the 1st respondent herein has preferred the impugned Anx. A1 private criminal complaint immediately after the judgment dated 9.1.2009 in W.P.(C). No. 897/2009, on the premise that no sanction is required under Sec. 197 Cr.P.C. This Court, on a consideration of the matter in R.P. No. 374/2009, noted that even going by the pleadings of the 1st respondent herein in his Writ Petition, W.P.(C). No. 897/2009, he has admitted the case that the acts alleged against the petitioner herein were committed by him in discharge of his official duties and therefore it requires sanction under Sec. 197 of the Cr.P.C. and hence he submitted Ext.P-4 application therein moving the Government to grant such sanction. Therefore, this Court held that it is not necessary for this Court in that Writ Petition to decide on that issue and accordingly, the said Review Petition was allowed and the judgment in W.P.(C). No. 897/2009 to the extent it was observed as stated above, was recalled as it could cause prejudice to the petitioner herein. This Court made it clear that adjudication of that issue is not warranted at that stage in that Writ Petition and that the petitioner herein could urge that the private criminal complaint is defective for any reason including for want of sanction, it is for him to urge this contention before the criminal court.

(3.) According to the petitioner, upon receiving the information in Neyyattinkara Police Station regarding the death of the above said Lawrence, who is said to have died under suspicious circumstances, the Police authorities had registered Crime No. 268/2008 of Neyyattinkara Police Station, on 26.5.2008 at 9.30 a.m. under the caption, "unnatural death" and that on the same day, the S.I. of Police of the said Police Station reached the Taluk Headquarters Hospital, Neyyattinkara, to hold inquest and to send the body for post mortem examination and while the Sub Inspector of Police was in the mortuary, some people under the leadership of the 1st respondent herein trespassed into the mortuary shouting slogans against the Police and obstructed to the smooth conduct of the inquest by the police. The Sub Inspector was constrained to inform the matter to his superior officers and at about 10 a.m. the petitioner herein, who was holding the post of Asst. Superintendent of Police, was present in the office. He was directed by the Superintendent of Police, Thiruvananthapuram Rural over telephone to immediately proceed to the Neyyattinkara Taluk Headquarters Hospital and to do the needful, as the Circle Inspector of Police was then on court duty. That the petitioner along with few Policemen went to the hospital and when reached there 50 people had gathered in front of the mortuary shouting slogans against police and that they demanded that the inquest should be conducted by the R.D.O. That the mob led by the 1st respondent herein after forming themselves into an unlawful assembly forcibly and unlawfully physically prevented the Sub Inspector and his police party from holding the inquest. Despite the various requests made by the petitioner herein, the 1st respondent and his men did not relent and though the petitioner herein explained to them the illegal procedure involved, they were adamant. In this regard, Anx.III FIR in Crime No. 261/2008 of the Neyyattinkara Police Station was registered against the 1st respondent herein for offences under Secs. 143, 147, 353 read with 149 of the Indian Penal Code. The police, after due investigation submitted Anx.IV final report/charge sheet in Anx.III Crime No. 261/2008. That the petitioner had immediately given direction to the Sub Inspector concerned to conduct the inquest and send the body to the police surgeon for post-mortem examination. It is only after a lapse of nearly two hours, that the Sub Inspector was able to conduct inquest and accordingly, the Sub Inspector proceeded to Taluk Hospital to hold inquest in that case and the further formalities in that case like unnatural death were also duly performed by the police authorities concerned.