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1991 Supreme(All) 845

PALOK BASU
Ram Adhar Yadav – Appellant
Versus
Ramchandra Misra – Respondent


Advocates:
Advocate appeared:
C.K. Parekh

JUDGMENT

1. An interesting question has cropped up in the instant case u/S. 482. Cr. P.C. When can the bar u/S. 132 read with S. 197, Cr. P.C. be attracted?

2. Complaint case itself is that the applicant accompanied by a sub-Inspector and few constables had gone to the locality to discharge its official duties. In the process an objection was raised by the complainant- opposite party. It is alleged that on that objection, the complainant was maltreated and, some property belonging to him was taken away, on the stress of' these facts, learned counsel for the applicant Sri C. K. Parekh argued that S. 180, Cr. P.C. was applicable and the protection is available to police officer u/S. 132, Cr. P.C. and in the absence of sanction as required u/ S. 197, Cr. P.C. the order of the Chief Judicial Magistrate, Varanasi summoning the applicant and committing him for trial and consequent further proceedings in sessions Trial No. 160 of 1985 arising from complaint case No. 3877 of 1985 are illegal and should be quashed. Sri B. D. Ojha, learned counsel for the complainant-opposite party argued that since the action of the applicant was an offence not in the discharge of his official duties, the P







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