ABDURAHIMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Annexure-A1 complaint in respect of C.C.No.615/2014 of the Judicial First Class Magistrate's Court-II, Thamarassery, is under challenge. The petitioner is the accused before the court below, against whom cognizance has been taken by the court below for the offences punishable under Sections 342, 352, 323 and 324 IPC and Section 116(C) of the Kerala Police Act.

(2.) It is alleged that the complainant was called to the Police Station under the guise of recording his statement, and there he was tortured and harassed. Of course, it is a matter to be proved through evidence.

(3.) According to the learned counsel for the petitioner, this is a case wherein sanction under Section 197 Cr.P.C. ought to have been obtained for taking cognizance of the offences against the petitioner. The learned counsel for the petitioner has relied on the decision in Devinder Singh and others v. State of Punjab, 2016 12 SCC 87, wherein specific guidelines have been given by the Apex Court regarding the cases in which Section 197 Cr.P.C. has application. On going through the said guidelines, presently it cannot be said that this is a case wherein sanction ought to have been obtained. It has to be established during trial.