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 office