GOPALAKRISHNAN POTTI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner who was the Project Officer, D.R.D.A., Wynad, Kalpetta as on 2.5.1996 is prosecuted for his refusal to provide his official Jeep bearing Registration No. KLW 1289 to the District Collector on requisition made for election purposes. His prayer herein is to quash the order of the C.J.M., Wynad passed in C.M.P. 3674/97 in S.T.C. 3525/96 whereby his objections against continuance of trial proceedings in the case were overruled and it was found that even without Government sanction under S.197(1) of the Cr.P.C. the charge against the petitioner for offence under S.160 and 167 of the Representation of the People Act, 1950 trial in the aforesaid case shall proceed.

(2.) The main question that arises for decision in the case is whether Government sanction under S.197 of the Cr.P.C. is required for prosecuting the petitioner for the aforesaid offence.

(3.) It will be useful to quote S.197(1) of the Cr.P.C. here