M. Sasidharan Nambiar, J.

Second, respondent/complainant filed Annexure I complaint before the Judicial First Class Magistrate-III, Neyyattinkara alleging that first accused Sub Inspector along with four constables committed offences under Ss. 342, 323 and 324 read with S.34 of Indian Penal Code. The learned magistrate took cognizance of the case before framing the charge. First accused, Sub Inspector filed a petition under S.197 of Code of Criminal Procedure contending that the alleged offence was committed in discharge of his official duty as a Police Officer and therefore he is entitled to protection provided under S.197 of Cr.P.C. and sanction is necessary before taking cognizance of the offences. The learned Magistrate did not pass any order in the petition. Instead charge was framed against all the accused including the petitioner. This petition is filed under S.482 of Code of Criminal Procedure to quash the complaint and the charges as against the petitioner on the ground that without obtaining sanction as provided under S.197 of Cr.P.C., the learned Magistrate could not have taken cognizance of the case as against the petitioner.

2. What is alleged in the complain