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august 2002

Supreme Court of India · 2002-08-05

RAJ KISHORE ROY vs KAMLESHWAR PANDEY

Citation / case number
SC 2001/12415
Court
Supreme Court of India
Petitioner
RAJ KISHORE ROY
Respondent
KAMLESHWAR PANDEY
Bench
SYED SHAH MOHAMMED QUADRI & S. N. VARIAVA.

Judgment text excerpt

The Supreme Court held that the High Court erred in quashing the order of the Judicial Magistrate under Sections 323, 324, and 504 IPC, stating that the actions of the police officer did not fall under the protection of Section 197 of the Code of Criminal Procedure. The Court emphasized that for Section 197 to apply, there must be a reasonable connection between the act and the discharge of official duty, which was not present in this case. The appeal was allowed, reinstating the Magistrate's order to take cognizance of the complaint against the police officer.

RAJ KISHORE ROY vs KAMLESHWAR PANDEY · Niyam