Section 197 protects public servants from prosecution only when acts are in direct connection with their official duties; not all alleged offenses qualify for this protection.

ORDER

This petition is filed u/s.482 of Cr.P.C. to quash Annexure-

A1 complaint filed before Judicial First Class Magistrate Court-I, Kochi for offence punishable u/s.325, 506(ii), 211, 119, 202, 203, 167, 197, 218 r/w.120B IPC. The above complaint was filed by the 2nd respondent against four persons alleging the aforesaid offences. The petitioner is the 2nd accused in the above case, who was the then Sub Inspector of Police, Harbour Police Station, Willington Island, Kochi. The petitioner contended that the alleged incident was occurred on 20.1.2009 whereas Annexure-A1 complaint was filed only on 20.4.2010 and there is a long delay of more than one year and therefore, it is barred by limitation. Moreover, previous sanction of the Government is necessary for prosecuting the petitioner, since he is a public servant as mentioned u/s.197 of the Code of Criminal Crl.M.C.No.4045/12 2 Procedure. If trial is proceeded on the basis of Annexure-A1 complaint, it is a mere abuse of the process of Court.

2. The 2nd respondent's allegation in Annexure-A1 complaint was that on 20.1.2009 he was a driver of a container lorry bearing Registration No.Kl-7J-1974 and at 8 p.m., after unloading the articles in the container terminal, parked the lorry on the side of the road east of BOT bridge near ATH hotel without making any obstruction for public traffic and he engaged in calculating the accounts of that day. At that time, the 1st accused came there and informed the complainant not to park the vehicle there and wanted him to remove the vehicle to the 'pay and park' yard. But, the 2nd respondent refused to take the vehicle from there. Since the 'pay and park' yard collected excess parking fee, the vehicle owners were reluctant to park the vehicles in the pay and park yard. There was a common agitation with regard to that aspect. Therefore, if 2nd respondent takes the vehicle to the parking yard, the other drivers will oust him from their union. Moreover, the accused called obscene words and took the 2nd respondent to the police station and assaulted him. At that Crl.M.C.No.4045/12 3 time, the 2nd respondent informed them that he is a law student and in addition to that, he is doing work. Without hearing him, they brutally manhandled him, as a result, he sustained serious injuries and subsequently produced before Court and registered crime No.72/2009 of Harbour Police station, Kochi. In the circumstances, he filed Annexure-A1 complaint before Judicial First Class Magistrate Court-I, Kochi. Hence, this petition.

3. The learned counsel appearing for the petitioner contended that on 20.1.2009 at 9.30 p.m., the 2nd respondent, who was the driver of the vehicle, had not abide by the directions issued by the Police officers. Therefore, the above crime was registered against the 2nd respondent u/s.283 and 353 IPC, which is pending before Judicial First Class Magistrate Court-I, Kochi. In order to make defence in that case, a false case was foisted by the 2nd respondent by filing Annexure-A1 complaint. There is a long delay of one year and four months in filing the complaint. Moreover, the petitioner is entitled to get the protection u/s.197 (1) Cr.P.C. and Sections 64 of the Kerala Police Act, 1960. The learned Crl.M.C.No.4045/12 4 counsel for the petitioner relied on the Apex Court decision in Arun Kumar & another v.Abdubaker [ 2012 (3) KHC 724 ], Unni Rajan v. State of Kerala and another [ 2012 (2) KHC 707 ], Sankaran Moitra v.Sadhna Das and another [2006 (4) SCC 584], Sarojini v.Prasannan [1996 (2) KLT 859] andShoukkathali v.

State of Kerala [2005 (3) KLT 634].

4. The learned counsel appearing for the 2nd respondent strongly resisted the above contention and contended that no sanction is necessary for prosecuting the accused, since they are not public servants not removable from their office save by or with the sanction of the Government or accused of any offence while acting or purporting to act in discharge of their official duty. Crl.M.C.No.2860/2001 f