JUDGMENT :

Anil Kshetarpal, J.

Question which this Court is called upon to answer is “whether the police officials after having committed excesses (by brutally beating the detenues) can successfully claim protection under Section 197 of the Criminal Procedure Code (hereinafter to be referred as “the Code”)”?

2. Through the present petition under Section 482 Cr.P.C., correctness of the order dated 28.10.2017 passed by the learned Additional Session Judge, Faridabad, has been assailed.

3. Petitioners are the police officials. In this petition, learned counsel appearing for the petitioners has submitted that sanction of competent authority under Section 197 of the Code has not been sought and, therefore, the Court erred in initiating the proceedings and summoning the petitioners.

4. At this stage, it would be appropriate to reproduce the averments made in para 2 of the complaint filed under Sections 323, 326, 506, 166 and 34 of the Indian Penal Code, as under:-

“2. That the complainant, Shri Jarish son of Shri Riashat R/o Raipur Kalan, District Faridabad with other co-accused were arrested in the case FIR No.83 dated 17.07.2014 by the police of P.P. Chandpur, Faridabad. In the custody of th