IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH
Urmila Joshi-Phalke
Shashikant s/o Jarichand Londhe – Appellant
Versus
State of Maharashtra, through Police Station Officer – Respondent
JUDGMENT :
URMILA JOSHI-PHALKE, J.
1. By this revision, the applicants have challenged order dated 3.6.2024 passed by learned Additional Sessions Judge, Gadchiroli (learned Judge below) in B- Summary Case No.8/2023 by which process was issued against applicants for offences punishable under Sections 294 , 323, and 354(A)(iv) and 506 read with 34 of the IPC and 3(1)(4), 3(1)(s), (1)(w), (2)3, and (2)(va) of the The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
2. Non-applicant No.2 (the informant) approached the police station for lodging FIR on 20.3.2018 as there was quarrel between her in-laws and relative Balaji and the said relative had caught hold of her husband Milind and, therefore, at about 9:00 am, she along with her husband went to the police station to lodge the report. At the relevant time, applicant No.1 was present who convinced and suggested the informant not to lodge the FIR and maintain peace. The informant and her husband met the applicants and applicant No.1 allegedly used abusive words against them and humiliated and insulted them and had also beaten the husband of the informant by means of belt. It is further alleged that he slappe
P.K.Pradhan vs. State of Sikkim, rep. by the CBI
Vishnu Kumar Tiwari vs. The State of Uttar Pradesh
Ramswaroop Soni vs. The State of Madhya Pradesh and anr
Baijnath vs. State of Madhya Pradesh
Amod Kumar Kanth vs. Association of Victim of Uphaar Tragedy
The rejection of the B-Summary Report was upheld due to prima facie evidence against police officers for assaulting and humiliating an informant, affirming the magistrate's duty to assess evidence th....
Acts of a public servant must have a reasonable connection to official duties to qualify for protection under Section 197 of the Cr.P.C.
The requirement of prior sanction under Section 197 of the CrPC is crucial for prosecuting public servants for acts done in the discharge of their official duties, to protect them from malicious and ....
Point of Law : Alleged indulgence of the officers in cheating, fabrication of records or misappropriation cannot be said to be in discharge of their official duty - Their official duty is not to fabr....
Protection under Section 197 of Cr.P.C. applies to public servants for acts done in discharge of official duties, barring prosecution without prior sanction.
Sanction under Section 197 of the Cr.P.C. is mandatory for prosecuting public servants for actions taken while performing official duties, preventing misuse of legal proceedings.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.