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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
| Table of Content |
|---|
| 1. overview of the allegations and procedural history. (Para 1 , 3) |
| 2. allegations of assault and humiliation (Para 2 , 22 , 25 , 29) |
| 3. arguments concerning the b-summary report's rejection. (Para 4) |
| 4. sanction under section 197 of crpc (Para 5 , 6 , 8 , 32) |
| 5. judicial discretion of the magistrate (Para 10 , 11 , 21 , 41) |
| 6. explanation of applicable legal provisions and their implications. (Para 12 , 14) |
| 7. protection of public servants under section 197 (Para 16 , 19 , 20 , 36) |
| 8. clarification on the need for sanction under section 197. (Para 39 , 40) |
| 9. disposition of the revision application (Para 42 , 43) |
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 lodg
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....
Police actions in raiding history-sheeter's house for arrest, including restraint of son, have reasonable nexus to official duties, attracting Section 197 CrPC protection requiring prior sanction for....
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