ORDER :

1. The petitioner is the 2nd accused in C.C.No.906 of 2009 on the files of the Judicial First Class Magistrate Court-I, North Paravur. Cognizance was taken by the learned Magistrate for the offences punishable under Section 323,330,506,294(b) read with section 34 of the Indian Penal Code, based on the Annexure-A private complaint was submitted by the 1st respondent.

2. The facts leading to the filing of this Crl.M.C are as follows :

The petitioner herein was the Sub Inspector of Police, Vadakkekkara Police Station during the year 2008. The 1st accused was the Circle Inspector of Police, Vadakkekkara Police Station at the relevant time. The allegation in Annexure-A complaint is that, on 13.02.2008, the 1st respondent was arrested by the petitioner herein and detained in the police station. During the course of such detention, he was subjected to severe manhandling at the instance of the 1st accused, the then Circle Inspector of Police. The 1st respondent sustained injuries because of the same, and the complaint was submitted in such circumstances. The learned Magistrate has taken cognizance thereof, and the same is now pending before the court. The prayer sought in this Crl.M.C. is to quash all further proceedings pursuant to Annexure-A complaint against the petitioner herein.

3. Heard Sri.B.H.Mansoor, learned counsel for the petitioner and Sri.Anil Mohammed, learned counsel for the 1st respondent and Sri.Sudheer Gopalakrishnan, learned Public Prosecutor for the State.

4. The main contention put forward by the learned counsel for the petitioner is regarding the lack of sanction as contemplated under Section 197 Cr.P.C., since the petitioner is a public servant. It was also pointed out that, even going by the specific averments contained in Annexure-A complaint the involvement of the petitioner in the act of assault made against the 1st respondent herein is not seen mentioned. The only role assigned to him is that, while the 1st accused was manhandling the 1st respondent, the petitioner herein stood as a mere spectator. It is also an admitted fact in the complaint that at the relevant time, he was arrested by the 2nd accused and was under custody. In such circumstances, it was contended that the proceedings initiated pursuant to Anneuxre-A are liable to be quashed. On the other hand, the learned counsel appearing for the 1st respondent would contend that the sanction, in this case, is not at all required because the act of assault committed by the accused is not an act which comes within the duties of the accused persons. In such circumstances, interference cannot be made in the proceedings for want of sanction. It is also asserted by the learned counsel for the 1st respondent that averments contained in Annexure-A are sufficient to implicate the petitioner herein also in the commission of the offence.

5. The first question that has to be considered is the requirement of sanction under Section 197 Cr.P.C. and the impact of not obtaining such sanction. The learned counsel for the petitioner places reliance upon the judgment in D.Devaraja v. Owais Sabeer Hussain [(2020) 7 SCC 695]. The necessity to obtain sanction before taking cognizance was specifically considered in the said judgment of the Honourable Supreme Court and after referring to a large number of decisions rendered on the point it was observed as follows:

“69. Every offence committed by a police officer does not attract Section 197 of the Code of Criminal Procedure read with Section 170 of the Karnataka Police Act. The protection given under Section 197 of the Criminal Procedure Code read with Section 170 of the Karnataka Police Act has its limitations. The protection is available only when the alleged act done by the public servant is reasonably connected with the discharge of his official duty and official duty is not merely a cloak for the objectionable act.

70. An offence committed entirely outside the scope of the duty of the police officer, would certain