Kerala High Court
Tessymol Sebastian vs State Of Kerala on 31 August, 2017
Author: K.Abraham Mathew
Bench: K.Abraham Mathew
IN THE HIGH COURT OF KERALAAT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
THURSDAY, THE 31ST DAY OF AUGUST 2017/9TH BHADRA, 1939
Crl.MC.No. 1167 of 2014 ()
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CRIME NO. 318/2011 OF KALIYAR POLICE STATION , IDUKKI
PETITIONER/3RD ACCUSED:
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TESSYMOL SEBASTIAN, W/O.SEBASTIAN, 499 YEARS,
ASST.ENGINEER, PWD ROAD SECTION, KARIMANNOOR, THODUPUZHA,
NOW WORKING ATPWD ROAD SECTION, MELUKAVU,
MEENACHIL TALUK, KOTTAYAM.
BY ADVS.SRI.T.V.GEORGE
SRI.JIMMY GEORGE (THADATHIL)
RESPONDENTS/DE-FACTO COMPLAINANT:
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1. STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM - 682 031.
2. JOY,S/O.CHACKO VARGHESE, THOYALIL HOUSE, KODIKULAM KARA,
KODIKULAM VILLAGE, KODIKULAM TALUK - 685 584.
R BY PUBLIC PROSECUTOR SRI.RAMESH CHAND
R BY PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 31-08-2017,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 1167 of 2014 ()
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APPENDIX
PETITIONER(S)' EXHIBITS
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ANNEXURE-AI : TRUE COPY OF REFER REPORT BEFORE THE JUDICIAL FIRST CLASS
MAGISTRATE COURT,THODUPUZHA ON 8/2/2012.
ANNEXURE-AII : CERTIFIED COPY OF COMPLAINT FILED BY THE 2ND RESPONDENT
BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT,THODUPUZHA DTD 28/3/12
AGAINST PETITIONER AND 6 OTHERS.
ANNEXURE-AIII : TRUE COPY OF THE COURT DIARY PROCEEDINGS.
RESPONDENT(S)' EXHIBITS : NIL
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/TRUE COPY/
P.A TO JUDGE
AV
K.ABRAHAM MATHEW, J.
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Crl.M.C.No.1167 of 2014
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Dated this the 31st day of August, 2017.
O R D E R
Petition filed under Section 482 Cr.P.C.
The petitioner is the 3rd accused in C.C.No.59 of 2013 on the file of Judicial First Class Magistrate's Court, Thodupuzha. The allegation is that the accused committed offences under Sections 143, 147, 323, 427, 447 and 506 IPC. The proceedings are sought to be quashed on the ground that in the absence of a sanction order obtained under Section 197 Cr.P.C, there cannot be a valid prosecution.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
3. The petitioner is an Assistant Engineer in the Public Works Department of the Government of Kerala. There is a PWD road in the Kodikulam Panchayat. The Department entrusted the work of a culvert on the road to the 2nd accused. When the 2nd accused started the construction, the 2nd respondent objected to it on the ground that it will cause damage to his property. It is alleged by the 2nd respondent that the accused formed themselves into unlawful assembly, trespassed into his property, threatened him and caused mischief in his property. The police registered a case on the information given by the 2nd respondent. That was referred. The 2nd Crl.M.C.No.1167 of 2014 2 respondent filed a protest complaint. It was on the protest complaint, the learned Magistrate took cognizance of the offences mentioned above.
4. There is no dispute that the petitioner is a public servant. It was in discharge of her official duties she went to the place of occurrence. The alleged incident happened in the course of the work entrusted to the 1st accused by the Department. This is a case where sanction of the Government is necessary to prosecute the petitioner. In the absence of such sanction there cannot be a valid prosecution. The learned Magistrate should not have taken cognizance of the offences so far as the petitioner is concerned.
In the result, this Crl.M.C is allowed. The proceedings in C.C.No.59 of 2013 on the file of Judicial First Class Magistrate Court, Thodupuzha are quashed so far as the petitioner is concerned.
Sd/-
K.ABRAHAM MATHEW, JUDGE.
AV