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.