Social Icons

Monday, August 3, 2015


In the this case, the allegation was that the police officer/appellant exceeded in exercising his power during investigation of a criminal case and assaulted the respondent in order to extract some information with regard to the death of one Sannamma, and in that connection, the respondent was detained in the police station for some time.

The Hon’ble Supreme Court held that by the factual matrix, it is evident that the whole allegation is on police excess in connection with the investigation of a criminal case. The said offensive conduct is reasonably connected with the performance of the official duty of the appellant. Therefore, the learned Magistrate could not have taken cognizance of the case without the previous sanction of the State Government. The High Court missed this crucial point in the impugned order. [D.T. Virupakshappa Vs. C Subash]

Prepared by: S. Hemanth