A police official accused of lodging a false case is not entitled to claim immunity from prosecution without the requisite sanction under Section 197 of the Code of Criminal Procedure. The protection granted by Section 197 CrPC is limited to acts performed in the course of official duties.
The Supreme Court has reiterated in a multitude of decisions that any misuse or abuse of powers by a public servant for an unlawful purpose, such as coercing a tutored statement or attempting to procure signatures on a blank sheet of paper; effecting the illegal detention of an accused; participating in a criminal conspiracy to fabricate false documents; conducting a search with the sole aim of harassing and intimidating individuals, amongst others, cannot be protected under the aegis of Section 197 Cr.P.C.
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