Ajay Kumar, Sub Inspector of Police, Balaramapuram Police Station, Residing at Kunnathu House, Nannattukavu, Potherncode Post, Thiruvananthapuram Vs Baiju.C.J. and State of Kerala

@JUDGMENTTAG-ORDER

Justice S.S. Satheesachandran

1. Petitioner is the first accused in a pending case which is pending in committal proceedings before the Judicial First Class Magistrate Court-I, Neyyattinkara. He is being prosecuted with some others for offences punishable u/s 294(b), 323, 354, 452, 506(ii) and 120(b) read with 34 of the Indian Penal Code and 3 (1) (ii), (iii), (viii) and (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The allegation set out in the complaint of the de facto complainant would prima facie indicate that the acts imputed against the petitioner were done in discharge of his official duties is his case to contend that his prosecution without sanction u/s 197 of the Code of Criminal Procedure is impermissible. No such sanction has been obtained by the complainant to prosecute him is the case advanced to invoke the inherent powers of this court u/s 482 of the Code to quash the criminal proceedings against him. Petitioner can no doubt canvass that plea before the Magistrate. Section 197 of the Code is a bar rather an interdiction from taking cognizance of an offence against a public servant removable by the State Government or the Central Government, as the case may be, relating to any act done by him in discharge or purported to have been in discharge of his official duty. This court in exercise of its inherent jurisdiction cannot be called upon to examine the facts involved in the case to ascertain and examine whether the acts imputed in the complaint has any nexus with the official acts done by the petitioner, so as to enable him to seek protection u/s 197 of the Code from being prosecuted of the offence/offences alleged. Reserving the right of the petitioner to canvass his plea, protection claimed u/s 197 of the Code, before the Magistrate, the petition is dismissed.