Sanal Kumar vs State Of Kerala on 4 January, 2011

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 38635 of 2010(D)


1. SANAL KUMAR, S/O. KRISHNANKUTTY,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY UNDER
                       ...       Respondent

                For Petitioner  :SRI.SABU S.KALLARAMOOLA

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOMAS P.JOSEPH

 Dated :04/01/2011

 O R D E R
                              THOMAS P. JOSEPH, J.
                            --------------------------------------
                            W.P.(C). No.38635 of 2010
                            --------------------------------------
                      Dated this the 4th day of January, 2011.

                                      JUDGMENT

This petition is in challenge of Ext.P6, order dated April 8, 2009 of the

Additional Chief Secretary to the Government whereby sanction to prosecute the

officials referred to therein was refused. When this matter came up for hearing

learned counsel for petitioner submitted that since the alleged act of the officials

concerned was not connected with the discharge of their official duty and hence

sanction under Section 197 of the Code of Criminal Procedure is not required,

petitioner has already filed a private complaint against the said officials. Learned

counsel has sought permission to withdraw this petition without prejudice to the

right of petitioner to proceed with the private complaint.

2. I have heard learned counsel for petitioner and Public Prosecutor

who appeared for the respondent.

Having regard to the circumstances stated, this petition is dismissed as

withdrawn without prejudice to the right if any of the petitioner to proceed with the

private complaint said to have been instituted against the officials concerned.

THOMAS P.JOSEPH,
Judge.

cks