Kerala High Court
Ashok Kumar vs State Of Kerala on 28 May, 2021
Crl.M.C.2161/2021
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
FRIDAY, THE 28TH DAY OF MAY 2021 / 7TH JYAISHTA, 1943
CRL.MC NO. 2161 OF 2021
AGAINST THE ORDER/JUDGEMENT IN CC 1156/2020 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -I, THRISSUR
PETITIONER/ACCUSED NO.2:
ASHOK KUMAR, AGED 54 YEARS
0
S/O.BALAKRISHNAN, DEPUTY PRISON OFFICER, HIGH-TECH
SECURITY JAIL, VIYYUR CENTRAL JAIL, THRISSUR,
RESIDING AT ANU SHREE HOUSE, COMPALADY DESAM, POORU
VAZHI VILLAGE, KUNNATHOOR TALUK, KOLLAM DISTRICT.
BY ADVS.
T.K.RAJESHKUMAR
KUM.APARNA SOMARAJAN
RESPONDENT/COMPLAINANT:
STATE OF KERALA
0
REPRESENTED BY SI OF POLICE, VIYYUR POLICE STATION,
THRISSUR DISTRICT, THROUGH THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031.
OTHER PRESENT:
PP MAYA M.N
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
28.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Crl.M.C.2161/2021
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JUDGMENT
Petitioner herein is arrayed as the second accused in C.C.No.1156
of 2020 pending before the Judicial First Class Magistrate Court-I,
Thrissur arising from Crime No.723 of 2015 of Viyyur Police Station for
offence punishable under section 304A of the Indian Penal Code.
2. The allegation of the prosecution was that, petitioner while
working as Deputy Prison Officer along with two other officials,
including the Deputy Superintendent of Viyyur Central jail failed to take
a prisoner on time to the hospital which culminated in the death of that
person on 24.05.2015. Pursuant to the crime registered, investigation
was carried out and final report was laid.
3. Petitioner, contending that he is innocent and that,
prosecution of the petitioner is without sanction under Section 197
Cr.P.C has approached this Court. Learned counsel for the petitioner
invited my attention to Annexure-A3 judgment, by which, another Bench
of this Court in Crl.M.C.No.1795 of 2018 filed by a co-accused quashed
the proceedings on the ground that sanction under S.197 Cr.P.C has not
been obtained from the Government to prosecute the accused. It was
also held that the incident happened while the accused were on official
duty.
Crl.M.C.2161/2021
4. Even from the facts alleged by the prosecution, it is evident
that the incident happened while the petitioner was on duty. It is also
admitted fact that sanction has not been obtained at the time of taking
cognizance. Learned counsel for the petitioner relied on the decision
reported in D.Devaraja v. Owais Sabeer Hussain ((2020)7 SCC
695), wherein, it was held that, sanction was necessary for taking
cognizance of offences allegedly committed by the officer while on duty.
Learned counsel also referred to the decision in CBI v. B.A.Srinisavan
(2020(2) SCC 153) where identical question was raised.
5. It is evident at the time of taking cognizance, sanction was
not obtained. In the light of the above and in the light of the stand
taken by this Court evidenced by Annexure-A3, I am inclined to allow
the Crl.M.C. and to quash the entire proceedings in C.C.No.1156 of
2020.
In the result, Crl.M.C is allowed. All further proceedings in
C.C.No.1156 of 2020 pending before the Judicial First Class Magistrate
Court-I, Thrissur arising from Crime No.723 of 2015 of Viyyur Police
Station will stand quashed.
Sd/-
SUNIL THOMAS
JUDGE
Sbna/
Crl.M.C.2161/2021
APPENDIX OF CRL.MC 2161/2021
ANNEXURE/EXHIBITS
ANNEXURE A1 A TRUE COPY OF THE FIR NO.723/2015
REGISTERED AGAINST THE PETITIONER BY THE
VIYYUR POLICE STATION, THRISSUR DISTRICT.
ANNEXURE A2 THE CERTIFIED COPY OF THE CHARGE SHEET
SUBMITTED BY THE FIRST RESPONDENT.
ANNEXURE A3 A TRUE COPY OF THE JUDGMENT PASSED BY THIS
HON'BLE COURT IN CRL.M.C.NO.1795/2018 DATED
3.3.2020.
ANNEXURE A4 A TRUE COPY OF THE CASE STATUS PROVIDED IN
THE E-COURT SITE REGARDING THE STATUS OF
THE C.C.NO.1156/2020 PENDING BEFORE THE
JFCM COURT-I, THRISSUR.
