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
Advocate
at Hemanth
& Associates
