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

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