The Telangana High Court made it clear that police officers cannot get a shield under Section 197 CrPC for violations or not obeying orders of the court. The section is a protection given to public servants from not being removed from office of any offence alleged to have been committed while acting or purporting to act in the discharge of official duties. Justice E.
V. Venugopal was dealing with a petition filed by V. Suresh, Warangal Subedari circle inspector in 2012.
He challenged the orders of the Warangal chief judicial magistrate directing the superintendent of police and the DIG, Warangal, to proceed against him on charges of obstructing the execution of the search warrant issued by the court. He also challenged the cognizance taken by the court in the criminal case registered against him. The charges against Suresh were that he had obstructed the discharge of duties of the court-appointed advocate commissioners, who came to the Subedari police station on court’s orders to verify if five persons, who were apprehended by the Subedari police, were in the police station.
If they were found there, the advocate commissioners were directed to produce them before the chief judicial magistrate court. The five persons were supporters of the Telangana statehood agitation and affiliated to the state’s ruling party. They were allegedly involved in pelting stones at a bus in which the then Chief Minister was travelling to Warangal to attend Kakatiya utsavalu.
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