how to proceed legally if common man beaten by public servant without reason or orders?


if a public servants put hand or slap a common man without any reason... how can that person moves legally on him...?
 
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LEGAL

he can file FIR

 
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on what basis sir
 
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Another option is to file a private complaint in the court of the judicial first class magistrate having jurisdiction.

There's no question of sanction because beating is not a duty.

But judiciary is a strong wall with holes through which public servants and bribers escape with utmost ease.


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Section 323 IPC may be applied against the accused, which is a noncognizable offence. So, NCR (and not FIR) under section 155 Cr PC maybe registered against that erring public servant. But no criminal proceedings by the police can be initiated against that public servant without the sanction from his department. Please don't suggest the foolish things to the innocents public at large.
 
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I expected commendation.    At least condemnation hasn't issued.

It's a surprise why members are uninterested.    Perhaps because they're not disinterested.

Section 197(1) of the Criminal Procedure Code reads, ....while acting or purporting to act in discharge of his official duty... 

Beating is not his official duty.

Hence sanction is unwarranted.


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And still, you boast that you are one of theeeee best lawyer in some High Court. Anyway, sanction is must in such cases to prosecute the erring public servant. Without sanction, he cannot be prosecuted. BTW, why commendation should have been issued on such reprehensible behavior of an erring public servant?
 
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I like comments from other members, especially discussion on my above reply.
 
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ha21@rediffmail.com Mumbai : 9820174108

TEHNICALLY, I agree with Expert "TGK REDDI":

1. You can file a Police NC, requesting investigation and charge-sheet, for offences like intimidation, breach of trust etc.... against the person, supported with all relevant supporting documents /witnesses.  Alongwith above MUST file written notice to Police Commissioner /SP, against the nefarious Police person, and request to take departmental action.

2.  IF the Police does not take action on the NC & Notice, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. IF at all "any" permission is required, the Police dept., will do so, without any reference to the complainant /aggrived person.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

 
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The contention is whether sanction is necessry.

I maintain it is not, it is not, it is not.

 
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