SUKHLAL DEVRAM PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) If a subordinate employee is irregular or even of low character can a superior officer during duty hours and while on duty abuse him and threaten to kill him and then claim the protection of sec. 197 of the Criminal Procedure Code ? The learned Magistrate says in the facts and circumstances of the case that the provisions of sec. 197 of the Criminal Procedure Code are not attracted. Hence this application by the original-accused.

(2.) The petitioner is the original accused in Criminal Case No. 655 of 1984 of the Court of JMFC Mangrol. The criminal case has been instituted on police report. One police constable Pravinchandra Govindbhai Patel attached to Kosamba Outpost filed a complaint against the petitioner-accused who is Head Constable of Kosamba Outpost for offence under secs. 504 and 506(2) of the Indian Penal Code and for offences under secs. 3 and 7 of the Protection of Civil Rights Act 1955 (the Act for short).

(3.) It was alleged that the petitioner-accused had abused the complainant and had also threatened him to be killed. It appears that even according to the complainant the incident took place when both the petitioner-accused and the complainant were on duty and were at the place of their duty. i. e. Police Station. It was alleged that the petitioner-accused had told the complainant that he was Dheda and a man of low character and was not performing duty as Policeman for all the twenty four hours and instead be was whiling away time with one Bai Nandu with whom he had illicit relations. According to the complainant this Bai Nandu was also abused as Dheda and threatened to be killed by the petitioner-accused. On these and other allegations the complaint was filed and after necessary investigation the Police filed chargesheet against the petitioner-accused for the offences stated hereinabove.