ASHOK KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Question which this Court is called upon to answer is "whether the police officials after having committed excesses (by brutally beating the detenues) can successfully claim protection under Section 197 of the Criminal Procedure Code (hereinafter to be referred as "the Code"?)"??

(2.) At this stage, it would be appropriate to reproduce the averments made in para 2 of the complaint filed under Sections 323, 326, 506, 166 and 34 of the Indian Penal Code, as under:-

(3.) It has come in evidence that there was scuffle between petitioners and others which led to registration of FIR No.83 dated 17.07.2014. Complainant-respondent alongwith others were called for investigation. They were then taken into custody and police officials brutally beat them at the Police Station when they were in lock up. In support of the complaint, respondent-Jarish Khan has appeared as CW1, Rajuddin has appeared as CW2 and examined Dr. Vandana, Dr. Manish, Dr. Krishan as CW3, CW5 and CW6 respectively in order to prove their medico legal report.