( 1 ) THIS First Appeal arises out of the judgment and decree pronounced by the learned Joint Civil Judge, Senior Division, Nadiad in Special Civil Suit no. 156 of 1976 dated 12/01/1976, dismissing the suit of the plaintiff against the defendant-Police Officer, without any orders as to cost and calls upon this Court to adjudicate upon and decide the oft raised question as to whether in an action for damages for Police Atrocity the defendant-Police Officer can successfully raise the defence of his acting in a good faith as a Public Servant, giving effect to the orders issued with the apparent authority of the State government in the discharge of his duty. The learned trial Judge, oblivious of the existence of Art. 21 of the Constitution of India and the loud messages sought to be conveyed by the Apex Court of the Nation, after having under taken the liability of defending the Police Officer on his shoulders, has replied the question in affirmative, ushering the plaintiff victim to this Court for the redressal of his grievances.

( 2 ) ANY Court either trial or appellate in such a situation would be required to see as to what has been given to ourselves by we The People