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1999 Supreme(Ker) 435

J.B.KOSHY
Sajan John – Appellant
Versus
State of Kerala – Respondent


Judgment :-

J.B. Koshy, J.

This Original Petition is filed to quash Ext. P5 order refusing sanction to prosecute second and third respondents, namely, Superintendent of Police and Deputy Superintendent of Police respectively. Petitioner is a practising advocate. There is some matrimonial differences between the petitioner and his wife after the birth of a male child. Petitioner along with his father filed a petition before the second respondent Superintendent of Police alleging apprehension of their life in the hands of the relatives of the petitioner's wife. Instead of filing the petition to the local police. it was filed before the Superintendent of Police and it is stated in the counter affidavit that father and son requested intervention of the second respondent for a settlement of matrimonial dispute and they did not press for registering a crime. The second respondent forwarded the petition to the third respondent Deputy Superintendent of Police and he, in turn, forwarded the same to the Circle Inspector of Police, Vakathanam and a case was registered as Crime No: 384/98 under Ss.448, 506(ii) and 34 of the Indian Penal Code on 9.12.1998 in Kottyam East Police Stateion after a









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