Kochi: The Kerala High Court has refused to give protection to a police officer who according to the prosecution, slapped and abused a man at the police station.
The court quashed the plea of CR Raju, who was Sub Inspector of Konny in Pathanamthitta district, who pleaded to stop the case proceedings in Pathanamthitta First Class Magistrate Court against him.
On 15th March 2005, the officer had slapped the complainant after summoning him at the police station. The accused officer argued that the act was done in his official capacity or purported to be performed by the accused.
However, the public prosecutor held that assaulting the complainant was not in due discharge of his official duty and hence no sanction against the case proceedings is required.
Taking congnisance of the prosecution's argument, the court held that the accused police officer is not entitled to get the protection under Section 197 of the Cr.P.C. and dismissed the revision petition.
The court directed the trial court to proceed with the case and decide on merits.