P.U.Sarala v. Gopi
Case brief
What is this about?
In a criminal miscellaneous petition, the High Court of Kerala allowed the petitioner, a retired Sub Registrar, to quash criminal proceedings against her alleged abuse of official duty, citing lack of prima facie offence and absence of requisite sanction under Section 197 of the Cr.P.C.
What did the court decide?
Criminal proceedings (C.C. No. 4352 of 2013) and the attached final report are quashed.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 06TH DAY OF JUNE 2019 / 16TH JYAISHTA, 1941
Crl.MC.No. 1141 of 2014
CC NO.4352/2013 OF THE JUDICIAL MAGISTRATE OF FIRST CLASS, CHALAKKUDY
CRIME NO. 660/2013 OF VELLIKULANGARA POLICE STATION, THRISSUR
PETITIONER/ACCUSED NO.3:
P.U.SARALA, W/O. M.G.BALAKRISHNAN, MULLAKKAPARAMBIL HOUSE, THALORE P.O., PIN: 680 306.
BY ADV. SMT.T.V.NEEMA
RESPONDENT/DE FACTO COMPLAINANT & STATE:
1 GOPI, S/O.VELIAMMA, KUNNAMPILLY HOUSE, MANAMPETTA, VARAKKARA - 680 325.
Issues for consideration
3 issues framed by the court
Whether the ingredients of offences under Sections 166 and 167 of the IPC are made out against the petitioner.
Whether sanction under Section 197 of the Cr.P.C. is required for prosecuting a public servant in this context.
Whether continuation of prosecution proceedings amounts to abuse of process of the court warranting quashing.
Parties & counsel
- petitioner
P.U.Sarala
- respondent
Gopi
- respondent
State of Kerala
Coram
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court