RAMAKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Being aggrieved by the order dated 25.03.2019 made in W.P.(C) No.36995 of 2017, by which, writ court declined interference with G.O(Rt) No.2520/2017/HOME dated 26.09.2017, wherein the Government having found that there is no substance in the allegation of the writ petitioner/appellant, rejected his request for according sanction for prosecution against the Sub Inspector of Police, Sri.Premananthakrishnan, respondent No.2, under Section 197 of the Code of Criminal Procedure.

(2.) Facts leading to the appeal are that writ petitioner has preferred Exhibit-P1 complaint before the Judicial Magistrate of First Class-II, Thrissur, under Section 190(i)(a) of the Cr.P.C alleging offences under Sections 115 and 116 of the Kerala Police Act and Sections 352 and 506(II) of the IPC. The petitioner has sought for a reference under Section 156(3) of the Cr.P.C., for investigating into the allegations made against him or else take cognizance of the offences. Complaint has been registered as C.C. No.3995 of 2014.

(3.) The learned Magistrate directed the writ petitioner to secure necessary sanction in order to prosecute respondent No.2 therein. Writ petitioner has submitted Exhibit-P2 application to the Home Secretary, Government of Kerala, Thiruvananthapuram and Exhibit-P3 reminder to the said authority. Alleging inaction, the petitioner also filed W.P(C) No.886 of 2016 before this Court. Vide judgment dated 11.01.2016 made in the said writ petition, a learned Single Judge directed the 1 st respondent therein to consider the application within a period of two months from the date of receipt of a copy of the said judgment. Alleging non-compliance of the judgment dated 11.01.2016, Cont. Case (C) No.2275 of 2016 has been filed. Recording the submission that pursuant to the direction granted by this Court, hearing was scheduled on 20.01.2017 at 11.30 am, the contempt case was closed. Thereafter, Government have issued G.O(Rt) No.2520/2017/HOME dated 26.09.2017, which came to be challenged in W.P(C) No.36995 of 2017. The Government order reads thus: