RAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) IN this Original Petition the petitioner has prayed for the following reliefs: i) call for the records leading to Ext. P5 and quash the same by the issuance of a writ of certiorari or any other appropriate writ, direction or order; ii) issue a writ of Mandamus or any other appropriate writ, direction or order commanding the 1st respondent to accord sanction under s. 197 (1) of the Code of Crl. P. C. to prosecute the 2nd respondent; iii) issue such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case.

(2.) EXT. P5 is an order by which the 1st respondent, the state of Kerala, has rejected the application of the petitioner evidenced by ext, P4 for sanction under S. 197 (1) of the Code of Criminal Procedure, to prosecute the 2nd respondent for the offence falling either under S. 420 or s. 409, Indian Penal Code.

(3.) THE question, however, would arise, is it mandatory that the Government should grant the sanction, the moment the petition or an application is filed by an aggrieved person in that regard. S. 197 in fact confers an absolute discretion on the Government either to grant or withhold the sanction. It is not mandatory that sanction must be granted even if the materials placed before the Government do establish an offence. THE Government can refuse sanction on any ground which commends itself to them, for example, "on political or economic grounds they regard a prosecution as inexpedient", (vide AIR 1948 P. C. 82 ).