LABHURAM Vs. PRAKASH HEGDE

JUDGEMENT

(1.) PETITIONER is a combatant police officer of the State Government presently serving as the Deputy Commissioner of Police (Crime), Bangalore. He has brought in question initiation of prosecution against him and others on the complaint of the 1st respondent -Prakash Hegde for offences punishable under the provisions of Sections 323, 324, 330, 504 and 506 read with Section 34, I.P.C. in PCR. 94/12 vide Annexure -A.

(2.) UPON prior notice, the 1st respondent is represented by his choice, Mr. P.P. Hegde and the State is represented by Mr. Nazrulla Khan.

(3.) LEARNED counsel for the petitioner submits the incident relates to imposition of order for maintaining peace and as there was assembly of persons more than five, 1st accused had commanded them to disperse. Instead of dispersing, complainant and others indulged in acts of violence requiring them to use force. He submits, that act was the result of discharge of official duty and therefore he is protected by virtue of the provisions of Section 132, Cr.P.C. He submits, initiation of prosecution itself is vitiated for want of sanction and therefore it is liable to be quashed.