197 sanction

Jolly James 9447287658 (Querist) 09 October 2010 This query is : Resolved
Sir,
I am Intended to file a complaint against an ASI of Police kerala in connection with taking a false case against my client.Where I should approach to get sanction to prosecute him. What are the documents necessary for availing sanction.

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B K Raghavendra Rao (Expert) 09 October 2010
Unless you have some documents to show that action of ASI of Police is prima facie against law, you will not be able to get sanction. You need to apply to the Home Department of Kerala seeking permission to prosecute the government official. The government would not give permission so easily.

You may challenge the FIR in High Court under Section 482 of Cr.P.C. If the FIR is quashed then you would have good grounds to seek permission.

Advocate. Arunagiri (Expert) 10 October 2010
Do you have any documentary evidences to show that the ASI had given false reports for dragging your client. Then you can file a petition u/s 340 cr.p.c. r/w 193 IPC before the Jurisdictional Magistrate.

Jolly James 9447287658 (Querist) 10 October 2010
Thank you very much

Uma parameswaran (Expert) 11 October 2010
You have to send petition copy first to the Home secratary to get permission .With the permssion document you can approach the appropriate forum.

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