1. The petitioner is the Sub Inspector of Police of Thannithode Police Station and an accused in C.P. No. 43/06, inter aha, under S.307 of the I.P.C. pending before the Judicial First Class Magistrate's Court-II, Pathanamthitta. The petitioner is the 1st accused and a Police Constable on duty along with him is arrayed as the 2nd accused. Cognizance was taken on the basis of a complaint made by the complainant who was arrested by the petitioner and produced before the learned Magistrate on 18/06/2006 at 3.45 p.m. The crux of the allegations is that the accused persons-the Sub Inspector of Police and the Police Constable, attempted to cause the death of the complainant by strangulating him by applying constrictive force around his neck using a towel. He was allegedly assaulted also.

2. The petitioner submits that cognizance taken by the learned Magistrate is unsustainable in law as it violates the mandate of S. 197(3) of the Cr.P.C. This question appears to have been considered by the learned Magistrate and the learned Magistrate states so in the order dated 19/6/2006 on the relevant aspect:

"Though A1 and A2 are public servants, sanction of the State Government is not requ