STATE OF MYSORE Vs. SATYENDRA KUMAR

JUDGEMENT

(1.) The above criminal revision petition is filed by the State from an order passed by the Judicial Magistrate, First Class, Second Court, Bangalore, holding that the protection afforded under Section 170(1) of the Mysore Police Act, 1963 (to be hereinafter referred to as the Act) is not available to the accused who are constables attached to Basavangudi Police Station in Bangalore city before the stage of recording of evidence.

(2.) The material facts are :-

(3.) The learned Prosecutor upon these allegations, contended before the trial Court that as the acts constituting the offences were alleged to have been done by the accused under colour or in excess of their duty, the prosecution shall not be entertained except with the previous sanction of the Government. The learned Magistrate has rejected this contention and has observed that.