Rajasthan High Court refuses to drop case against constable for court assault

A police constable faced criminal prosecution after a social worker claimed he was confined inside a Sub-Divisional Magistrate court and violently beaten with a baton. The FIR, lodged on October 5, 2018, listed offences including illegal detention, hurt, grievous hurt and insult. The Rajasthan High Court, citing Supreme Court precedent and an earlier state high-court judgment, concluded that the act was outside the scope of official duty, negating the need for prior sanction under Section 197 of the CrPC.

The court also noted that the protest targeted the constable’s brother, a fellow officer, and that only the petitioner was accused. Consequently, the petition to quash the case was dismissed, and the criminal proceedings will continue.