D MANOHARAN Vs. K RADHAKRISHNAN

JUDGEMENT

(1.) THIS petition has been moved towards calling for the entire records in "C.C.No.157 of 2005" on thefile of the learned Chief Judicial Magistrate, Coimbatore and to quash the same.

(2.) THE petitioner states that he is the 3rd accused in the case. THE petitioner was the Inspector of Police, who had investigated the case in C.C.No.303 of 2003 before the learned Judicial Magistrate V, Coimbatore and on the allegation that by judgment dated 14.07.2004, such Court had specifically found certain misconduct on his part, the complaint has been filed in C.C.No.157 of 2005 before the learned Chief Judicial Magistrate, Coimbatore. Such proceedings are sought to be quashed on the ground that the judgment passed by the learned Judicial Magistrate V, Coimbatore, in C.C.No.303 of 2003 does not reflect any such finding as alleged in the complaint and that as he was a police officer, Section 197 Cr.P.C stood attracted in this case and in the absence of sanction for prosecution, the complaint would fail.

(3.) SECTION 340 of the Criminal Procedure Code reads as follows: "Procedure in cases mentioned in SECTION 195 (1) When, upon an application made to it in this behalf or otherwise, any Court is of opinion that it is expedient in the interest of justice that an inquiry should be made into any offence referred to in clause (b) of sub-section (1) of section 195, which appears to have been committed in or in relation to a proceeding in that Court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that Court, such Court may, after such preliminary inquiry, if any, as it thinks necessary,