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2013 (10) TMI 1471 - SC - Indian LawsMisuse of power - Police officers - "At best acts of omission towards official duty" - Unwarranted search - Invading the privacy of the complainant - Insult and Humiliation - Forcible medical examination - Undressing and dragging to police station - unsubstantiated by any lawful justification - "Test of direct and reasonable connection between the official duty of the accused & acts allegedly committed by them" - HELD THAT:- The alleged acts of the respondent cannot, therefore, be said to in discharge of his official duties or in the purported discharge of such duties. Public functionaries cannot under the cloak of purported discharge of official duties resort to harassment and humiliation of the citizens on the pretext of a complaint having been received by them, especially when the same does not disclose the commission of any offence triable by the Executive Magistrate or cognizable by the police; nor was there any other proceeding in connection with which such conduct could be justified in law. The plea of the respondent that the prosecution was barred under Section 197 Cr.P.C. has, therefore, to be rejected. The decision in this case GENERAL OFFICER COMMANDING VERSUS CBI & ANR. [2012 (5) TMI 612 - SUPREME COURT] followed.
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