Can somebody help me with some questions about the following two specific and related issues?
1. If police try to forcibly enter a person's room without a warrant at midnight , just because someone has complained for breach of peace (disturbance) and additionally if on arrival police have not found any evidence to substantiate such complaint (obtained from police records), then if police officer(SI) claims that it got injured in trying to enter this person's room, then is the accused liable for such injury i.e. can it be said that the police was performing its duty? if not and since police has given a charge of IPC Sec 353 on this person, then under which section can police itself be prosecuted for this false charge?
2. If the police personnel who made such a false complaint as written above and on whose complaint a summons case under Sec 353 was given on the accused by the police, then if this police officer after arresting the person (he immediately gets Bail though) never attends court even after repeated summons and if the judge has expunged has evidence then can this case continue even if Public Prosecutor tries to prolong case by calling supporting police witnesses with intention to harass (and maybe also with the intention of extracting money from the accused for stopping delay tactics) when his main complainant never showed up? Can the actual police complainant (whose evidence got expunged) now come back to court one fine day either in this or in a higher court for reopening of his evidence (and further delay the case)? Also can the police officer's actions attract any provisions of IPC, for a reverse case on it?
This topic was given earlier on another thread but the question there was too general and naturally the answers were generalized too. Hence it is hoped that this thread with more specific questions will help in answering my questions.
