PRATHAP KUMAR N P Vs. RAMADAS

JUDGEMENT

(1.) In this appeal filed under Section 378(3) Cr.P.C, the complainant in C.C.No.384 of 1995 on the file of the J.FC.M.-I, Kozhikode challenges the judgment dated 29.9.2001 passed by that court acquitting the 7 accused persons of offences punishable under Sections 143, 147, 148, 341, 323, 324 and 326 read with 149 IPC. In the private complaint filed by the appellant before the court below, he had prosecuted 8 accused persons all of whom are Police officers for the aforementioned offences.

(2.) The case of the complainant can be summarized as follows:-

(3.) After recording the sworn statement of the complainant and his witnesses, the learned Magistrate (J.F.C.M-I, Kozhikode) took cognizance of the offences against all the 8 accused persons. Upon receipt of summons all the 8 accused persons appeared before the Magistrate. The 1st accused namely Bhaskara Kurup, who was the Assistant Commissioner of Police, Kozhikode filed C.M.PNo. 5331 of 1997 seeking to discharge him on the ground that sanction for prosecuting him under Section 197 Cr.P.C had not been obtained. The said application was dismissed by the learned Magistrate, Thereupon Al took up the matter in revision before the Sessions Court, Kozhikode by filing Crl.R.P. No. 27 of 1998. The said revision was allowed by the learned Sessions Judge and the case against Al was quashed and A1 was discharged. The persons who stood trial before the Magistrate thereafter was only the remaining 7 Police Officers who were A2 to A8.