1. Yet another instance where a public servant (this time an Inspector of Police) approaching this Court, challenging the cognizance taken by a Magistrate on a private complaint alleging offences punishable under Sections 323, 324, 326, 346, 454, 308, 294(b) and 506(ii) of the Indian Penal Code, 1860 (in short, “IPC”) on the ground that sanction under Section 197 of the Code of Criminal Procedure, 1973 (in short, “Code”) was not obtained.

2. In this case, the petitioner challenges Annexure-A3 private complaint filed by the 2nd respondent and Annexure-A4 order passed by the Judicial First Class Magistrate Court-I, Changanacherry taking cognizance on the complaint.

3. Heard Sri.Bechu Kurian Thomas, learned Senior Counsel appearing for the petitioner and Sri.G.Shrikumar, learned Senior Counsel appearing for the 2nd respondent. Ms.K.K.Sheeba, learned Public Prosecutor is also heard.

4. Gist of the allegations in the complaint is that on 12.08.2004, while the 2nd respondent was dispensing medicines in his medical store in the company of his wife, two police constables came and asked him to accompany them to the police station. As he was engaged in sale, he asked the police officers to wait for a while. Infuriated by his words, without any provocation, the police officers barged into the medical store and pushed him out by neck. 1st accused caught hold of his right hand. Accused 1 and 2 dragged him to a jeep parked nearby. They lifted him and literaly threw him into the jeep. Thereafter, on 13.08.2004 at about 11.30 hours in the morning, 6th accused beat on his left cheek from the lock up. On the same night at about 11.00 hours, accused 1 to 4 started consuming liquor inside the police station. 2nd accused, in an inebriated state, took the 2nd respondent to another room. His hands were pulled back and handcuffed. After removing his cloths, a rope was tied around his belly. Thereafter, he was lifted by using a pulley fixed on the ceiling. When the 2nd respondent started screaming and yelling due to severe pain, he was muffled by stuffing cloth. Thereafter, he was subjected to inhuman torture. On 14.08.2004, at about 10.00 a.m., the 2nd respondent was taken to the office of 5th accused (petitioner herein). 2nd respondent was asked to sit on the floor. At that time, without any ostensible reason, the petitioner forcefully stamped on his right foot and crushed it with boots, which caused excruciating pain. He fainted on account of the unbearable pain. Thereafter, he was taken to the Magistrate having jurisdiction. He narrated all the incidents to the Magistrate. As directed by the Magistrate, he was taken to the District Hospital, Kottayam for medical examination. Although the 2nd respondent narrated all the incidents and the physical discomforts experienced by him, due to the influence of the accused persons, medical records were not properly prepared. No case was registered by police on the 2nd respondent's complaint in order to shield the accused persons. 2nd respondent was falsely implicated in idol thefts occurred in various places in the State. According to him, he is a law abiding citizen and leading a decent life. Illegal detention and custodial torture not only caused severe body pain to him, but also tarnished his reputation. With these allegations he preferred the complaint.

5. Sri.Bechu Kurian Thomas raised three contentions to challenge the impugned order. Firstly, it is contended that no offence against the petitioner is made out from the allegations in the complaint and therefore factually the court below erred in taking cognizance against the petitioner. Secondly, the court below seriously went wrong in taking cognizance without insisting on a sanction under Section 197 Code. Thirdly, it is contended that if at all the allegations in the complaint made out any offence, the court below ought to have seen that the complaint is barred by limitation. I shall deal with these contentions separately.

6. Regarding the first