P.D. Rajan, J.

This petition is filed under section 482 of Code of Criminal Procedure (for short 'Code') to quash Annexure E complaint pending before Judicial First Class Magistrate II, Nedumangad by invoking inherent powers. The first respondent filed a complaint against the petitioner for offences punishable under Section 341 and 323 I.P.C. and under Section 3(1)VIII, IX, X and 3(2)VII of the Scheduled Caste and Scheduled Tribe Prevention of Atrocities Act, 1986. But the learned Magistrate took cognizance for offence punishable under Section 341, 323 I.P.C. alone. While petitioner was working as the Sub Inspector of Police, Nedumangad Police Station, the first respondent filed a complaint against him for an incident occurred during the discharge of his official duty. According to the petitioner proper sanction from the State Government is necessary for taking cognizance of the offence and if trial is proceeded without sanction, it is a mere abuse of the process of court.

2. The allegation of the first respondent before the Judicial First Class Magistrate II, Nedumangad was that on 17.2.2007 at 6.15 pm, he was travelling in a motor cycle, when he reached at Kacheri junction i