P.RAJA Vs. P.HARIKRISHNAN

JUDGEMENT

(1.) Heard Mr.S.Doraisamy, learned counsel for the petitioner and Mr.KTS.Sivakumar, learned counsel for the respondent.

(2.) The case of the petitioner is as follows:

(3.) According to the learned counsel for the petitioner, the petitioner herein, being the Inspector of Police, Manalurpettai Police Station had taken up the investigation in his official capacity. Since there is no specific averments in the private complaint that the petitioner had discharged his duty in his individual capacity, the prior sanction of the Government for prosecuting the petitioner was mandatory under Section 197 Cr.P.C., and therefore, the private complaint without the sanction of the Government is bad in law. The learned counsel for the petitioner also submitted that if at all, the complaint is made under Section 195 Cr.P.C., it has to be given by the Court to file the case and not at the instance of the complainant as per the provision under Section 195(1)(d) of Cr.P.C.