IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 30 of 2007(C)
1. PHILIPHOSE ABRAHAM,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. VARGHESE NINAN, S/O.M.V. NINAN,
For Petitioner :SRI.BECHU KURIAN THOMAS
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.R.UDAYABHANU
Dated :23/02/2007
O R D E R
K.R.UDAYABHANU, J
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CRL.R.P.No.30 of 2007
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Dated this the 23rd day of February, 2007
ORDER
Revision petitioner who is the accused police officer has
sought for setting aside the order of the court below in
Crl.M.P.No. 5484/06 in C.C.133/01 with respect to the offence
under Sections 324, 326 and 506 of IPC. The petitioner/accused
had applied for discharge vide Section 245(2) r/w 197 of Code of
criminal Procedure. The trial court dismissed the application on
the ground that the predecessor of the JFCM had earlier
considered the same question as to the requirement sanction
under Section 197 of Criminal Procedure Code and held that
sanction is not required as assaulting a person while on duty is
not part of official duty.
2. It is pointed out that the above order was issued at the
pre-cognizance stage and that the court below ought to have
considered the contention of the petitioner/accused. I find that
at that time revision petitioner was not in the picture at all.
Hence, the court below ought to have considered the contentions
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of the revision petitioner on merits and disposed of the matter
instead of dismissing the application relying on the observation
of the court at pre-cognizance stage.
2. In the circumstances, I am inclined to set aside the
order of the court below. The matter is remitted back to the trial
court. J.F.C.M., Thiruvalla is directed to consider the
contentions of the revision petitioner and dispose of the
discharge application on merits.
The Criminal Revision Petition is disposed of as above.
K.R.UDAYABHANU,
JUDGE
csl
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K.R.UDAYABHANU, J
Crl.R.P.No.899 of 2001
ORDER
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15th February, 2007
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