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KAUSER EDAPPAGATH
Ajaynath Circle Inspector of Police – Appellant
Versus
N. shajitha Beevi Advocate, W/o. Adv. Bijily Joseph – Respondent
JUDGMENT
The petitioners are serving police officers in the Kerala Police. The 1 st petitioner was working as a Circle Inspector of Police at Alappuzha North Police Station; the 2 nd petitioner was working as a Circle Inspector of Police, Pulincunnu, Alappuzha, and the 3 rd petitioner was working as a Civil Police Officer at Alappuzha North Police Station, at the time of the alleged incident. The 1 st respondent is an Advocate by profession. The 3 rd respondent is the husband, and the 4 th respondent is the daughter of the 1 st respondent.
2. On 29/12/2013, the Sub Inspector of Police, Alappuzha South police station registered Ext.P1 FIR against the 3 rd respondent before the Judicial First-Class Magistrate Court, Alappuzha (for short, the trial court) alleging offence punishable under Sections 294(b) of IPC and 117(E) of the Kerala Police Act (for short, the KP Act). The allegations in the FIR were that while the 3 rd petitioner was discharging his official duty in connection with the beach festival, Alappuzha, at the main gate of the venue, the 3 rd respondent came in his car and tried to park it in the VIP parking area causing obstacles to other vehicles. T
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.
Public servants are protected under Section 197 of the Cr.P.C. from prosecution for acts done in discharge of official duties, requiring prior sanction for prosecution even if the acts involve excess....
The main legal principle established in the judgment is that public servants, including police officers, are entitled to protection under Section 197(2) of the Code if the alleged offences are reason....
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 ....
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