Somdatt Mishra Vs. The State of M.P. & Another
CODE OF CRIMINAL PROCEDURE, 1973 (CrPC)
Section 482 - Saving of inherent powers of High Court
Section 197 - Prosecution of Judges and public servants
Section 161 - Examination of witnesses by police
Section 226 - Power of High Courts to issue certain writs
Section 506 - Punishment for criminal intimidation
Section 452 - House- trespass alter preparation for hurt, assault or wrongful restraint
Section 354 - Assault or criminal force to woman with intent to outrage her modesty
Madhya Pradesh High Court (Single Judge)
MCRC, 8366 of 2016, Judgment Date: Nov 16, 2018
Law Laid down -
1- When a complainant is restrained by the public authority to commit any illegal act and with motive to overcome such situation, any complaint under section 354 of IPC or like nature has been filed against the public servant, then it is the duty of the Investigating Officer to investigate thoroughly and reach to the motive if any exist, for which the complaint has been filed against the public servant.
2- Harassment of the public servant on pretext of false complaint at the instance of or in hands of those, who were restrained by the public servant for committing illegal and unauthorized act, is anathema to the Rule of Law and it is the duty of the Investigation, Prosecution and Competent Criminal Court to look into the allegations objectively while considering the background of the case and not in a routine manner. Order of Court, summoning an accused must reflect application of mind.
Somdatt Mishra Vs. The State of M.P. & Another