O R D E R

This is a petition filed under Section 482 of the Code of Criminal Procedure seeking to quash Annexure-I complaint and cognizance taken thereon and all proceedings in C.C.694/2008 on the file of the Judicial First Class Magistrate-V (Special Court for Mark List Cases), Thiruvananthapuram and also to set aside the findings in Annexure-XI order regarding sanction and the prayer to discharge the petitioner, who is the 3rd accused in C.C. 694/2008.

2. Annexure-I complaint was laid by the 2nd respondent before the Judicial First Class Magistrate-II, Thiruvananthapuram alleging offence under Sections 420, 506 read with 34 of the IPC. The substance of the complaint filed on 05.03.2003 can be summarised as follow: On 26.02.2003 at 11.00 a.m. the petitioner who is the 3rd accused in the complaint, reached Maheshwari Jewellery at Chalai, Thiruvananthapuram, which is owned by Baji Rao. The complainant is an employee of the said jewellery for the previous seven years. The said Baji Rao is presently at his native place in Maharashtra. On 26.02.2003 at 11 a.m. accused persons reached the jewellery with a thief. At that time complainant and another employee Gopal alone were in the jewellery. The accused persons were on inimical terms with Baji Rao on account of O.P. No.31656 of 2002 filed by Baji Rao before the High Court. The accused removed the complainant to the police station in their jeep. Then Gnaneswaran, the brother-in-law of Baji Rao contacted the 3rd accused, the petitioner, and then he offered that if gold ornaments weighing 23 sovereigns are handed over, he would be released from police custody. Then Narayanan Namboodiri, another employee of the jewellery purchased so much quantity of gold ornaments from different jewelleries and handed it over to the Sub Inspector at 6.25 p.m. on 27.02.2003 in the presence of Adv. S. Venugopal. After verifying the gold ornaments at Shivasakthi jewellery at Kaithamukku the complainant was released from police custody. According to him, those gold ornaments were purchased from three jewelleries in Thiruvananthapuram paying a total amount of Rs.98,277/-. Even though he had demanded receipt for the gold ornaments, that was not given. The complainant was working as an employee in the shop of the brother of Baji Rao and was doing work of polishing gold ornaments. The complainant was threatened that if so much quantity of gold ornaments was not given, he would be made a co-accused with the notorious criminal 'Mathi' Raju and it was under such a threat that 23 sovereigns were entrusted to the accused persons and thus they have committed offence under Sections 420 and 506 read with 34 IPC.

3. The case was taken on file and accused persons were summoned. They appeared before Court and some of the witnesses were examined. Thereafter they moved a petition under Section 245 Cr.P.C. for discharging them under Section 245 of the Cr.P.C. and by Annexure-XI order that application was dismissed stating that the petitioner is not entitled to get the protection under Section 197 Cr.P.C. According to the learned Magistrate, demanding of gold ornaments under the authority in odd circumstances has no connection with the discharge of official duty and therefore he is not entitled to get protection under Section 197 of the Cr.P.C. Thus the application stood dismissed. The petitioner moved this Crl.M.C. in the above said circumstances.

4. I heard the learned counsel for the petitioner, the learned Public Prosecutor and also learned counsel for the 2nd respondent/complainant.

5. According to the learned counsel for the petitioner, he did not conduct any investigation in this case. Crime No.66/2003 of Vanchiyoor police station was registered by him on 01.03.2003 in his capacity as the Station House Officer. While he was engaged in law and order patrol duty, at a place by name Kaithamukku, a person by name Raju @ Mathi Raju was found in suspicious circumstances and on search he was found carrying some gold ornaments