ISMAIL Vs. STATE OF KERALA

JUDGEMENT

(1.) Sabira, wife of the petitioner, committed suicide on 17-8-1994 at Dubai. Her body was brought to India and cremated on 25-8-1994. Thereafter, father of Sabira who is the father inlaw of the petitioner filed a complaint before the Judicial First Class Magistrate's Court, Calicut as C. M. P. No. 5754 of 1994 alleging offence against the petitioner under S.498A IPC, which was forwarded to Nallalam police by the Magistrate under S.156(3) CrPC. whereupon the police registered crime and conducted investigation. After investigation final report was filed in which it was alleged that the accused committed offence punishable under S.306 and 498A IPC and on the basis of the final report, cognizance was taken by this court. On appearance of the accused, the court framed the charge, copy of which is Annexure I. It is seen from Annexure I charge that the accused cruelly manhandled his wife Sabira at Dubai and disallowed her to go to her house for her sister's marriage and that Sabira committed suicide due to the abatement of the accused and hence, he committed offence punishable under S.306 and 498A IPC.

(2.) After framing of the charge, the complainant was examined as RW. I in part. But the trial was stopped in view of S.188 CrPC. as no sanction was obtained for trying the accused. The court directed the prosecution to produce the sanction.

(3.) It is the contention of the petitioner that in view of S.188 CrPC. the Trial Court could not be conducted by the court in the absence of sanction from the Central Government.