JUDGEMENT
BECHU KURIAN THOMAS,J. -
(1.)Petitioner had filed a complaint against a Circle Inspector of Police alleging offences under Ss. 341, 323 and 324 of the Indian Penal Code, 1860.
(2.)By the impugned order, the learned Magistrate found that the sanction for prosecuting the accused ought to have been obtained under Sec. 197 of the Code of Criminal Procedure, 1973 (for short, 'the Cr.P.C.') and therefore refused to take cognizance. The aforementioned order refusing to take cognizance and instead deferring the proceedings until sanction is obtained from the Government is impugned in this petition under Sec. 482 of the Cr.P.C.
(3.)Sri.Lal K.Joseph, the learned counsel for the petitioner contended that the 2nd respondent police officer had brutally attacked the petitioner with a bamboo stick and dragged him by his hair. Pursuant to the complaint of torture, the learned Magistrate had, on noticing the injuries directed to provide medical attention to the petitioner and thereafter he was admitted in a hospital at Manjeri for three days. It was further pointed out that a civil dispute existed between the employer of the petitioner and another person in respect of a property and a civil suit as OS.No.26/2012 was pending and that the 2nd respondent had, in connivance with the defendant in the civil suit tried to indulge in an illegal activity. It was further argued that, the learned Magistrate has by the impugned order erroneously held that sanction under Sec. 197 Cr.P.C. is required. The learned counsel also argued that the 2nd respondent was not acting in discharge of his duty in inflicting torture on the petitioner, and therefore, the impugned order is liable to be set aside.
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