N.K.Babu v. Manojkumar
Case brief
What is this about?
High Court of Kerala quashed criminal proceedings against three police officials, holding that mandatory sanction under S.197 Cr.P.C. was required as offences were committed while discharging official duties, despite alleged excesses.
What did the court decide?
Criminal Motor Case No. 2432/2006 is allowed; proceedings in C.C.No.485/2004 against petitioners are quashed.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930
Crl.MC.No. 2432 of 2006()
------------------------C.C.No.485/04 OF J.F.C.M., SASTHAMCOTTAH
PETITIONER(S): ACCUSED 1 TO 3:
- N.K. BABU,
SUB INSPECTOR OF POLICE, SASTHAMCOTTAH POLICE STATION, KOLLAM DISTRICT.
- VINCENT,
HEAD CONSTABLE, SASTHAMCOTTAH POLICE STATION, KOLLAM DISTRICT.
- GREEK, CONSTABLE, SASTHAMCOTTAH POLICE STATION, KOLLAM DISTRICT.
BY ADV. SRI.B.MOHANLAL
Issues for consideration
3 issues framed by the court
Whether the Magistrate could take cognizance of the complaint without previous sanction u/s 197 Cr.P.C. against police officials accused while discharging official duty.
Whether the protection under Section 197 Cr.P.C. applies even when the act is in excess of duty but reasonably connected to official duty.
Whether the criminal proceedings against the petitioners should be quashed for violation of mandatory provisions of Section 197 Cr.P.C.
Parties & counsel
- appellant
N.K. Babu, Vincent, Greek
- respondent
Manoj Kumar
Coram
M.C. Hari Rani
Case details
As recorded by the court registry
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