Criminal Misc. Application No. 15298 of 2010
Jai Prakash Tiwari v. State of U.P. and another.
Decided on 14/09/2010
In an application under s. 482 Cr.P.C. for quashing of criminal case against police constable for fake encounter, it was argued that unless there is sanction for prosecution u/s 197 Cr.P.C. granted by the State Government,under whose services applicant was employed, he cannot be prosecuted as what ever applicant accused had done was in the discharge of his official duty.
Rejecting the plea the court observed that:
"Charge against the applicant is that he was a member of a police party who had committed murder of the deceased and thereafter had fabricated a false story of a fake police encounter. No doubt, police personnels are allowed to discharge their duty, apprehend and contained the menace of dacoity and eliminate brigands. This does not give them a license to eliminate innocent people under the cloak of eliminating decoits. In the present case, such is the allegation. Considering from any hypothesis, murdering of an innocent person under the garb of eliminating the dacoits cannot be considered to be discharged of official duty by the police personnels. Concludingly contention by learned counsel for the applicant that applicability of Section 197 Cr.P.C. on the facts of the present case was a desirable necessity does not have appealing thrust and therefore, is hereby repelled."