BOBY SUGUNAN Vs. SECRETARY TO THE GOVERNMENT

JUDGEMENT

(1.) The original petition is filed seeking the following reliefs:

(2.) Facts are simple and go as under: An incident occurred on 23.9.2007 at Varkala while a music concert was going on. A case was registered against the petitioner and a few others. Charge-sheet was filed against them. The offences alleged against them were those punishable under Secs 143, 147, 148, 149, 308, 332 and 427 of the Indian Penal Code (IPC for short) and under Sec.3 of the Prevention of Destruction of Public Properties Act. The case was taken on file as CP 113/2012 by the judicial magistrate-I, first class, Varkala. Alleging violence and atrocities against the police, the petitioner filed Ext P1 complaint under Sec.190 of the Code of Criminal Procedure (Cr.P.C for short) before the learned magistrate against eight police personnel. The complaint was filed alleging commission of offences under Secs 143, 144, 147, 148, 149, 167, 323, 324, 334, 355, 427 and 466 of IPC and Sec.42 (g) and (h) of the Kerala Police Act. The learned magistrate took cognizance of the complaint and numbered it CC 382/2010. The petitioner moved Ext P2 application before the first respondent for obtaining sanction under Sec.197 of Cr.P.C to prosecute the police officers. Ext P4 application was filed by the petitioner before the learned magistrate requesting to commit CC 382/2010 to the court of session under Sec.323 of Cr.P.C as a counter-case to the case taken on file as CP 113/2012. Thereafter the petitioner approached this court by filing OP(Crl) 32/2014 requesting to issue a direction to the first respondent to consider and pass orders on Ext P2 application. The first respondent contended in the said original petition that Ext P2 application was missing. It was also stated therein that a copy of the application was received from the learned advocate general. The first respondent requested for a period of one month to dispose of Ext P2 application for sanction. This court as per Ext P5 order directed the first respondent to dispose of Ext P2 application within one month from the date of receipt of a copy of the said order. Thereafter the first respondent passed Ext P6 order refusing to accord sanction under Sec.197 of Cr.P.C. The said order is assailed in the present original petition.

(3.) Heard Sri.Babu S.Nair, the learned counsel for the petitioner and Sri.B.R.Muraleedharan, the learned government pleader.