Petitioner a Public Servant being a Psychiatrist in service under the State Government has sought for an order quashing Annexure ‘A’ FIR and all proceedings taken pursuant thereto, seeking protection of the inhibition under Section 195(1)(b)(ii) of the Code of Criminal Procedure.

2. The question of legal importance for consideration in the case is as to what is the alternate remedy available to the aggrieved party when the offender seeks shelter from prosecution under the bar provided in Section 195(1)(b)(ii) in the absence of a complaint filed under Section 340 Crl.P.C. by the court concerned.

3. The petitioner is the second accused in Annexure ‘A’ FIR in Crime No.602 of 2002 of Thalassery police station registered for offences under Sections 465, 466, 468 and 471 I.P.C. r/w Section 34 thereof. The investigation in the case is already over and the police have submitted final report also in the case. The case has been registered also on the file of Judicial First Class Magistrate’s Court, Thalassery as C.C.515 of 2002.

4. The final report is extracted below for reference.

5. According to the petitioner the matter could not have been investigated into by the police and final