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1985 Supreme(Ker) 73

PADMANABHAN
MUHAMMED – Appellant
Versus
SASI – Respondent


Judgment :-

1. C.C.184 of 1981 is a private complaint filed by the petitioner against three police constables and one head constable attached to the Parur Police Station for offences punishable under S.323 and 427 read with Sec.34 of the Indian Penal Code, before the Judicial Magistrate of the I Class, Parur. On 26-2-1981, the employees of K.M.K. Hospital at North Parur, owned by Dr.Sreenivasan, were offering satyagraha near the Hospital in order to get some of their demands achieved. Petitioner was watching the same. It is his case that at about 6 p.m. the accused came in a jeep, manhandled him, destroyed the satyagraha shed, took him along with some of the satyagrahies to the Police Station by dragging them to the jeep and again manhandled him, at the Police Station. When the accused appeared pursuant to summons, they challenged maintainability of the complaint for want of sanction of Government under S.197 of the Code of Criminal Procedure. The Chief Judicial Magistrate, by order dated 24-4-1981 accepted the objection, dropped the proceedings and released all the accused. The revision is by the complainant against that order.

2. The Chief Judicial Magistrate, by the impugned orde







































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