LAWS(ALL)-1998-7-28

LAKHAN SINGH YADAV Vs. STATE OF U P

Decided On July 30, 1998
LAKHAN SINGH YADAV Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) S. K. Phaujdar, J. The matter was heard on 28-7-98.

(2.) THE applicant sought intervention of this court under Section 482, Cr. P. C. for quashing an order of cognizance passed by the Addl. CJM, Karvi in Crl. Case No. 776/ix of 1997 and also an order by the Magistrate issuing processes under Sec tion 82, Cr. P. C. against the present ap plicant.

(3.) AS regards, protection under Sec tion 197 (3), Cr. P. C. it could only be ob served that while it would be deemed to be the duty of a police personnel to ap prehend an offender, it would be too much to opine at this stage that this right would extend to causing only death of such per son. Section 197 covers those acts com mitted by public servant or police person nel acting or purporting to act in the dis charge of his official duty.