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 articl