1. The petitioners are accused 1 and 2 in C.C.957 of 2006 on the file of the Judicial Magistrate of the First Class, Malappuram. The first respondent herein filed the above complaint against the petitioners who are the Sub inspector of Police and woman constable of Kondotty Police Station alleging offences under Sections 321, 323 and 506 (ii) read with 34 of the Indian Penal Code.

2. The allegation of the first respondent in Annexure-III complaint is that on 5.9.2004 at about 10 A.M, the first respondent while parking a qualis car bearing No.KL 10L/7139 at the parking space of AJS Bakery, Kondotty, the second petitioner commanded the first respondent to take the vehicle to the police station and accordingly, the vehicle was taken to the police station. Reaching at the police station, the second respondent was wrongfully restrained by the petitioners in furtherance of their common intention and inflicted hurt by beating and hitting with hands on the face and chest; and by kicking at the abdomen and knees. The petitioners had also criminally intimidated the first respondent. Contending that the complaint is bad for want of sanction under Section 197 of the Code of Criminal p