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2011 Supreme(Online)(KER) 32223

HIGH COURT OF KERALA
S.S.SATHEESACHANDRAN, J
SUBASH – Appellant
Versus
DEVASSYS I OF POLICEKUNNAMKULAM – Respondent


O R D E R

These two revisions arise from two separate orders, passed by the Judicial Magistrate of the First Class, Kunnamkulam, by which two proceedings taken against the common 2nd respondent, a Sub Inspector of Police, were found not entertainable for want of sanction under Section 197 of the Code of Criminal Procedure {for short “the Code”}. Though the orders arise from two proceedings, as against the 2nd respondent, a police officer, it was in respect of the same occurrence alleged, in which, the two complainants, both of them, alleged of assault against them, at a public place and also later at the police station, after they were taken into custody by police, flouting and violating the rule of law. The issue arising for consideration in the two revisions is common whether the orders of the learned magistrate that the complaints are not entertainable without sanction calls for any interference by this court.

2. Common case of the complainants is that on 2.5.2008 while they were together with some friends at a public place, a police jeep came and stopped beside them. Without provocation or reason, the petitioners and those who were with them, were brutally assaulted by the 2nd r

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