LAWS(KER)-2017-11-241

B KRISHNA KUMAR, EARLIER CIRCLE INSPECTOR OF POLICE Vs. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR

Decided On November 08, 2017
B Krishna Kumar, Earlier Circle Inspector Of Police Appellant
V/S
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR Respondents

JUDGEMENT

(1.) Yet another instance where a public servant (this time an Inspector of Police) approaching this Court, challenging the cognizance taken by a Magistrate on a private complaint alleging offences punishable under Sections 323, 324, 326, 346, 454, 308, 294(b) and 506(ii) of the Indian Penal Code, 1860 (in short, "IPC") on the ground that sanction under Section 197 of the Code of Criminal Procedure, 1973 (in short, "Code") was not obtained.

(2.) In this case, the petitioner challenges Annexure-A3 private complaint filed by the 2 nd respondent and Annexure-A4 order passed by the Judicial First Class Magistrate Court-I, Changanacherry taking cognizance on the complaint.

(3.) Heard Sri.Bechu Kurian Thomas, learned Senior Counsel appearing for the petitioner and Sri.G.Shrikumar, learned Senior Counsel appearing for the 2 nd respondent. Ms.K.K.Sheeba, learned Public Prosecutor is also heard.