PRAKASH P Vs. STATE OF KERALA

JUDGEMENT

(1.) If a police officer, in the course of investigation, allegedly inflicts custodial violence on a person, who is called to police station for questioning, is he entitled to protection under Section 197 of the Code of Criminal Procedure ('the Code', for short) Is it enough, if a police officer establishes that offences were allegedly committed by him, "in the course of investigation", to get protection under Section 197 of the Code What is meant by the expression, "while acting or purporting to act in the discharge of his official duty", referred to in Section 197 of the Code Is there any difference between the expressions "in the course of discharge of and "in the discharge of official duty Mainly, these few questions arise for consideration in this case.

(2.) Facts briefly: A private complaint was filed by second Respondent(complainant) before Additional Chief Judicial Magistrate court inter alia, stating that he is an Engineer working in a reputed automobile body construction company and on 11.5.2006, he was called to the police station, stating that Petitioner wanted some enquiry to be made about some case which was under investigation. Petitioner is an IPS officer. He was working as Station House Officer in a police station, as part of the training.

(3.) The complainant appeared before Petitioner on 11.5.2006 by about 11 a.m., when he was told by the latter that during investigation into a chain-snatching case (Crime No. 191/2006) against one Biju, it was revealed that complainant's motor cycle was used for committing the offence. The complainant was also asked to furnish the address and details of the said Biju. The complainant-Respondent did not know any such person and he expressed his helplessness to furnish details.