Kerala High Court: A Single Judge Bench comprising of B. Kemal Pasha, J. drew a nexus between the act and the discharge of the official duty of the inspector.
Petitioner who was Sub Inspector of Police was accused under Sections 342, 323, 324, 294(b) and 506(ii) IPC under a private complaint.
The complainant has contended that he was unnecessarily taken into custody by the Police while he along with his friend was in the car which allegedly was being driven in a drunken state. Further, while in custody the complainant attacked another sub-inspector on duty when taken into custody. The petitioner police officer through his counsel Chandrasekharan Nair stated that the complainant pleaded guilty by voluntarily appearing before the Court wherein it clearly states his faulty complaint and thus the version of the petitioner cannot be rebutted.
The Court was of the view that it was evident that it was in discharge of his official duty that the petitioner took the complainant into custody and the offence committed was proved by his acts. Therefore the complaint as such cannot be proceeded with for want of sanction following which the petition stood allowed. [Sajikumar v. V. Sasikumar, 2018 SCC OnLine Ker 6014, decided on 05-02-2018]
