Public servants are protected from prosecution under Section 197 only if acts are performed while acting in official duty; allegations of physical assault unrelated to such duty do not require prior sanction.

1. The protector of law is sought to be placed in the dock by a private citizen while one judicial forum practically removed him from that situation. The petitioner herein is the wife of one Thomas Kurian alias Khaja, residing in Sion area of this metropolitan city along with her husband and the children. Her husband runs a restaurant as also a wine shop located at Antop Hill Road for quite some time under the name and style as "Janith Restaurant and Janith Wine Shop." The wife claims that one Edward Albert Mathias and two of his associates were arrested by the Police attached to Matunga Police Station on July 28, 1982, for an offence under S.307, S.353 of the Penal Code and S. 66(1)(b) of the Bombay Prohibition Act. When they were produced before the 30th Court Kurla for remand, two of them ventilated a grievance that they have been illtreated by Shri Pawar, Deputy Commissioner of Police Zone - V, whose office is located in the precincts of Matunga Police Station. The Court remanded them to judicial custody with a direction that they be medically examined.

2. The wife then gives her account in a very sorrowful manner how her husband was directly involved. According to her it was on July 29, 1982, that her husband was arrested by the Police attached to the same Police Station in respect of the same case wherein on the previous day the other three accused were arrested. Her husband was then produced before the said Court when he made a categorical complaint of illtreatment at the hands of Police, stating in clear terms that he was brought from Chembur by about 3 or four police constables on 28th instant at about 9 a.m. and from there he was taken to Matunga Police Station where he was subjected to physical assault with fist on stomach and back. The husband complained of pain and was feeling giddy which was also ventilated to the learned Magistrate and an application was made by an advocate on his behalf with a request to get him medically examined. Despite that according to her, her husband was remanded to police custody for one day.

3. It is then on the next day i.e. on July 30, 1982 that according to the wife some thing more was in the store. On that day, her husband was produced in the said Court at Kurla where a direct complaint about the illtreatment was filed. The learned Magistrate recorded that complaint, the gist of which is to the effect that on July 29, 1982 some time at 8-30 p m. in the said Police Station, at Matunga, the Deputy Commissioner of Police Shri Pawar, assaulted him with fist - blows on both ears and stomach which operation of assault continued for quite some time, on account of which he sustained pain near the ear on both the sides as also in the stomach on account of which he lost appetite and had difficulty in urination and had also a feeling that his hearing capacity has been impaired. There was also swelling over the side of both ears. Thereafter the said Deputy Commissioner of Police, took him to Raoli Camp at Sion Koliwad in Police jeep and thereafter made him walk up to his shop. Shri Pawar had accompanied and it is at that point of time, that the said Deputy Commissioner of Police slapped on his cheek and gave a forcible kick from his back side. As per the allegations of the wife, not only her husband's complaint was written down, but the learned Magistrate also noted the injuries found on his person. It was also indicated with no uncertainty by the husband that he was paraded in the locality wish handcuffs by the said D. C. P. and he was subjected to repeated assault by the said D. C. P. as well as by some police con