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2001 Supreme(SC) 902

R.C.LAHOTI, N.S.HEGDE
Rizwan Ahmed Javed Shaikh – Appellant
Versus
Jammal Patel – Respondent


Judgement Key Points

Certainly. Based on the provided legal document, the key legal principle established is that the protection granted to public officers, specifically police officers, under Section 197(2) of the Criminal Procedure Code (Cr.P.C.) is dependent on whether the acts committed by them were done in the discharge or purported discharge of their official duties.

The document clarifies that the scope of "official duty" is broad and includes duties related to the maintenance of public order in its wider sense, beyond mere law and order. When a notification under Section 197(3) of the Cr.P.C. applies to members of a police force, such as those in the Bombay Police Force, the protection extends to acts performed while acting in their official capacity, even if the act is not directly related to maintaining public order but is connected to their role as police officers (!) (!) (!) (!) (!) (!) (!) .

Furthermore, the determination of whether an act was performed in the course of official duty involves assessing whether the act was connected to or in the course of executing their official functions, considering the nature of the act and the context in which it was performed. The protection is not limited solely to acts related to maintaining public order but also encompasses acts undertaken in the broader scope of their duties as police officers (!) (!) (!) (!) .

In addition, the document emphasizes that the protection under Section 197(2) is a safeguard against prosecution without prior sanction when acts are done in official capacity, but this protection does not extend if the act was done outside the scope of official duties or was in dereliction of duty, even if performed while acting as a police officer (!) (!) (!) .

Finally, the document underscores that the applicability of such protection must be determined by a careful reading of the specific notification and the circumstances of the act, rather than a narrow or broad interpretation of the phrase "maintenance of public order." The actual scope of protection depends on whether the acts in question were performed as part of official duties, considering the broader understanding of police responsibilities (!) (!) .

Please let me know if you require further clarification or assistance with specific legal questions.


JUDGMENT

R.C. Lahoti, J. - One Faijuddin Jainuddin lodged a complaint against Rizwan Ahmed, Ramchandra Kasbe and Afzalkhan, the three appellants before us, complaining that the appellants and some other unknown persons had gathered dangerous weapons and abducted the complainant, Faijuddin Jainuddin and assaulted him. The police registered offences punishable under Sections 142, 144, 147, 148, 365, 368, 324/149 IPC against the appellants and commenced investigation. On 28th March, 1986 at about 8.30 p.m. the respondent No. 1 who was a Sub-Inspector attached to Chembur police station, along with other policemen, came to the residence of the appellants and forced the three appellants to accompany them to Chembur Police Station where they were put up in the lock-up. At about 2 a.m. on 29.3.1986 they were put up in a police van and brought to Bhandup Police Station and placed in the lock-up. On 30-3-1986 the appellants were produced before the Holiday Magistrate at Bhoiwada (Dadar) who ordered them to be produced before the regular court on 31.3.1986. Later on they were released on bail. On 16th July, 1986 the appellants filed a complaint before the Metropolitan Magistrate, 27th Court







































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