K.HEMA
P. Prakash I. P. S. – Appellant
Versus
State Of Kerala, Represented By the Public Prosecutor – Respondent
1. If a police officer, in the course of investigation, allegedly inflicts custodial violence on a person, who is called to police station for questioning, is he entitled to protection under Section 197 of the Code of Criminal Procedure ('the Code', for short)? Is it enough, if a police officer establishes that offences were allegedly committed by him, "in the course of investigation", to get protection under Section 197 of the Code? What is meant by the expression, "while acting or purporting to act in the discharge of his official duty", referred to in section 197 of the Code? Is there any difference between the expressions "in the course of discharge of" and "in the discharge of" official duty? Mainly, these few questions arise for consideration in this case.
2. Facts briefly: A private complaint was filed by second respondent(complainant) before Additional Chief Judicial Magistrate court inter alia, stating that he is an Engineer working in a reputed automobile body construction company and on 11.5.2006, he was called to the police station, stating that petitioner wanted some enquiry to be made about some case which was under investigation. Petitioner is an IPS officer.
2. Public Interest Litigation & Anr. v. Union of India & Anr. (2005) 8 SCC 202)
7. Public Interest Litigation & anr. v. Union of India & anr. [(2005)8 SCC 202)]
9. State of Maharashtra v. Devahari Deva Singh Pawar & Ors. (2008) 2 SCC 540)
11. Padmarajan C.V. v. Govt. of Kerala & Ors. (2009 (1) KHC 65
3. K.Kalimuthu v. State by DSP (2005) 4 SCC 512)
6. Sube Singh v. State of Hariyana & Ors. (2006) 3 SCC 178
8. Bakshish Singh Brar v. Gurmej Kavur & Anr. [(1987) 4 SCC 663)]
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