On the basis of a complaint filed by Mehjabi on 18 January 2000, a First Information Report (F.I.R.) was registered by Mahila Police Station, Jabalpur against the appellant and their family members for the offences punishable under Section 498-A, and Section 506 read with Section 34 of IPC as well as Section 3 read with Section 4 of the Dowry Prohibition Act, 1964.
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Sub-Inspector (ASI) of the Mahila Police Station, Jabalpur along with other police personnel shown as accused in the complaint came to Anuppur to arrest the appellant and his family members.
The other police personnel dragged the younger brother of the appellant (1.1) to the original appellant’s room and while doing so, hurled filthy abuses at him.
The first respondent and others approached the High Court of Madhya Pradesh by filing a petition under Section 482 of Cr.P.C. The learned counsel submitted that going by the allegations made in the complaint, it cannot be said that the impugned actions of the first respondent were taken while acting or purporting to act in discharge of her official duty. The learned counsel appearing for the appellant submitted that the first respondent had raised the issue of sanction by filing earlier application under Section 482 of Cr.P.C.
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They ought to have contacted the local police; apprised the local police officials of the matter and solicited their assistance in effecting arrest of the accused persons.”
In paragraph 11, the High Court held thus: “ 11.
On the basis of material on record, the High Court had held that in the facts of the case, it would be premature to hold that Section 197 of Cr.P.C.
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However, we make it clear that the observations and findings recorded in this judgment are for limited purposes of considering a challenge to the order of the High Court.
Case Title: DR. S.M MANSOORI (DEAD) THR L.R Vs. SUREKHA PARMAR (2023 INSC 363)
Case Number: Crl.A. No.-001088-001088 / 2023
