ORDER : The prayer in the afore captioned Criminal Miscellaneous Case filed under Sec.482 of the Cr.P.C. is as follows: “..........to call for the records in C.C.No.2187/13 on the file of J.F.M.C.III, Thiruvananthapuram, and quash Annexure A1 and A2 and all further proceedings in C.C.2187/13, on the file of J.F.M.C.III, Thiruvananthapuram.” 2. The 1st petitioner herein was the Director and the 2nd petitioner herein was the Inspector of Police attached to the Kerala Women's Commission, Thiruvananthapuram, which is a statutory commission established by an act of the State Legislature, viz Kerala Women's Commission Act. The 1st petitioner herein has been conferred with IPS on promotion and was then awaiting posting at the time of filing of this Crl.M.C. The 2nd petitioner herein was then working as Inspector of Police. The petitioners have been implicated as accused Nos.1 & 2 in the impugned Calender Case C.C.No.2187/2013 on the file of the JFCM-III, Thiruvananthapuram, for offences punishable under Secs.323, 351, 342, 352, 357, 50(1), 509 r/w 34 of the IPC. The impugned criminal proceedings arose on account of private criminal complaint filed by the 2nd respondent against petitioners (A1 & A2) and 8 others including the Chairperson and Members of the Women's Commission, on the allegation that, while the sitting of Women's Commission was going on, the brother the 2nd respondent herein was compelled to execute compromise with his wife. While the 2nd respondent had interfered, she was threatened by petitioners (A1 & A2) and that the 2nd respondent, her brother and co-brother were threatened, beaten and confined and a case has been foisted on them. 3. Anx.A1 is the private criminal complaint dated 4.6.2013 raising the abovesaid allegations. The JFCM-III, Thiruvananthapuram, passed Anx.A2 order dated 16.11.2013 in the said private criminal complaint CMP No.1660/2013, which reads as follows: “1. This is a complaint filed by the complainant alleging the offences punishable u/ss. 323,341,342,352,357,506(i), 509 r/w 34 of IPC. 2. Complainant and three witnesses were examined. Heard the counsel for the complainant. 3. On a conjoint reading of the complainant, sworn statement of the complainant and statements of the witnesses, I am of the opinion that there are sufficient grounds to proceeded against accused no. 1 and 2 for offences punishable u/ss.323,341,342,352,357,506(i),509 r/w 34 of IPC. Nothing is stated in the complaint or in the statements of complainant and witnesses regarding any overtacts of accused nos. 3 to 8. 1 and 2 for offences punishable u/ss.323,341,342,352,357,506(i),509 r/w 34 of IPC. Nothing is stated in the complaint or in the statements of complainant and witnesses regarding any overtacts of accused nos. 3 to 8. Nothing is stated regarding any acts of accused nos. 3 to 8 in order to have an opinion that they shared any common intention with accused nos. 1 and 2. Two persons, who can be identified at sight are also arrayed as accused in this complaint. But complainant did not take any steps to identify that persons. So complaint as against accused nos. 3 to 8 and two persons identified at sight is dismissed as there is no sufficient grounds to proceed against them. 4. Complaint is taken on file as CC No 2187/13 against accused nos. 1 and 2 for offenses punishable u/ss. 323,341,342,352,357,506(i),509 r/w 34 of IPC.” 4. The learned Magistrate has thus taken cognizance in this case as C.C.No.2187/2013 as against accused Nos. 1& 2 for offences punishable under Secs.323, 341, 342, 352, 357, 506(i), 509 r/w 34 of the IPC. 5. It is pointed out by the petitioners that, as a matter of fact a crime has already been registered against the 2nd respondent herein, her brother and co-brother for obstructing the sitting of the Women's Commission and attempted to manhandle the 1st petitioner. On the written application made by the Women's Commission to the S.I. of Police, Museum, Thiruvanantharapum, Anx.A5 Crime No.633/2013 has been registered for offences punishable under Secs.353, 5069i), 451 & 34 of the IPC, in which the 2nd respondent herein has been arrayed as accused No.2 therein out of the 3 accused arrayed in Anx.A5. 6. Anx.A4 is the written application submitted on 8.5.2013 before the Sub Inspector of Police, Museum Police Station, Thiruvananthapuram, in that regard. It is on this basis that the SHO, Thiruvananthapuram Police Station, has registered Anx.A5 crime as against the 2nd respondent herein and two others, in respect of the alleged incidents which have dealt with therein, as well as which has intimate nexus with the allegations in Anx.A1 complaint. It is on this basis that the SHO, Thiruvananthapuram Police Station, has registered Anx.A5 crime as against the 2nd respondent herein and two others, in respect of the alleged incidents which have dealt with therein, as well as which has intimate nexus with the allegations in Anx.A1 complaint. As per Anxs.A3 to A5, the allegations are to the effect that the 2nd respondent and one Prejith and another had criminally obstructed the sitting of Kerala Women's Commission on 8.5.2013, and they had obstructed while Prejith had tried to execute compromise between himself and his wife, and that the 2nd respondent and another had obstructed the execution of compromise and that the 2nd respondent had caused threat to the Commission's Chairperson and Member, and in his capacity as the Director of the Women's Commission the 1st petitioner had directed the abovesaid persons to go out and that they even attempted to manhandle etc. That, as directed by the Commission, the 2nd petitioner had removed the abovesaid persons from the hall of the Commission, etc. 7. Sec.25 of the Kerala Women's Commission Act, provides as follows: “25. Protection of acts done in good faith.-No suit, prosecution or other legal proceedings shall lie against any member of the Commission or any officer of the Commission for anything which is in good faith done or intended to be done under this Act or the rules made thereunder.” 8. Sec.113 of the Kerala Police Act, 2011, stipulates as follows: “113. Protection of action taken in good faith. -(1) No suit, prosecution or other legal proceedings shall lie against the Government or any Police Officer or any public servant duly appointed or authorised under this Act for anything done or intended to be done in good faith in the due discharge of official duties under the provisions of this Act. (2) No Court shall take cognizance of any offence under this Act and alleged against Police Officer except with the prior permission of the Government.” 9. Sec.25 of the Kerala Women's Commission Act, deals with protection of acts done in good faith and it has been mandated therein that no suit, prosecution or other legal proceedings shall lie against any member of the Commission or any officer of the Commission for anything which is in good faith done or intended to be done under this Act or the rules made thereunder etc. Further, Sec.113 of the Kerala Police Act, 2011, deals with protection of action taken by police officials in good faith, and it is also mandated therein that no suit, prosecution or legal proceedings shall lie against the Government or any Police Officer or any public servant duly appointed or authorised under this Act for anything done or intended to be done in good faith in the due discharge of official duties under the provisions of this Act. Further that, no Court shall take cognizance of any offence under this Act and alleged against Police Officer except with the prior permission of the Government etc. 10. A reading of averments in Anx.A1 private criminal complaint would show that the incidents narrated therein are in a way, a counter version of the incidents narrated in Anx.A5 FIR in which the 2nd respondent herein (complainant herein) has been arrayed as accused No.2. The 1st petitioner herein is a senior police officer who was later conferred with IPS consequent to promotion, and at a relevant time he was functioning as the Director of the Kerala Women's Commission, and he was posted in his capacity as a police official working under the State Government. So also, the 2nd petitioner is a police officer in the rank of Inspector of Police, he was also attached to the functioning of the Kerala Women's Commission, on account of his services as a police officer. Going by the allegations raised in Anx.A1 criminal complaint, Anx.A5 FIR, etc, this Court is of the considered view that the learned Magistrate has committed egregious error in having taking cognizance as against the petitioners herein as per Anx.A2 order. The learned Magistrate has clearly overlooked the statutory protection given by the legislature, both under Sec.25 of the Kerala Women's Commission Act, as well as under Sec.113 of the Kerala Police Act, 2011. If allegations of this nature are taken to be the basis for taking cognizance in private criminal complaint, and if the same is upheld, then it would amount to stultifying the very functioning of the independence and autonomy of officials who have to discharge their duties to a statutory commission like the Women's Commission. 11. If allegations of this nature are taken to be the basis for taking cognizance in private criminal complaint, and if the same is upheld, then it would amount to stultifying the very functioning of the independence and autonomy of officials who have to discharge their duties to a statutory commission like the Women's Commission. 11. In the light of these aspects this Court is of the considered view that, initiation of impugned criminal proceedings at Anx.A1 which has led to passing of Anx.A2 order dated 16.11.2013 by the learned Magistrate taking cognizance in the abovesaid private criminal complaint as against the petitioners herein (A1 & A2) is illegal and improper, and the same is liable for interdiction in exercise of the inherent powers conferred under Sec.482 of the Cr.P.C. In that view of the matter it is ordered that, the impugned Anx.A2 order dated 16.11.2013 rendered by the JFCM-III, Thiruvananthapuam, on C.M.P. No. 1660/2013, whereby cognizance of the offences have been taken as against the two petitioners herein in regard to Anx.A1 private criminal complaint will stand set aside and quashed. 12. True that there may be allegations and counter allegations in Anxs.A1 and A5. But, it has to be borne in mind that the Kerala Women's Commission in exercise of its statutory powers has issued Anx.A3 proceedings dated 8.5.2013 whereby the 1st petitioner has been directed to take steps to get a crime registered as against the 2nd respondent herein and others in respect of the alleged incidents in question. 13. The petitioners will produce certified copy of this order before the JFCM-III, Thiruvananthapuram, who dealt with C.M.P. No. 1660/2013, for necessary information. With these observations and directions, the above Criminal Miscellaneous Case will stand finally disposed of.