P.P. UNIKRISHNAN AND ANR. versus PUTTIYOTTIL ALIKUTTY AND ANR.

P.P. UNIKRISHNAN AND ANR. versus PUTTIYOTTIL ALIKUTTY AND ANR.

Benefit of limitation under Section 64(3) Kerala Police Act cannot be afforded to appellants because the alleged acts of illegal confinement and assault were not in exercise of official duty; Section 473 CrPC cannot extend limitation under Kerala Police Act.

Parties
Appellant: P.P. Unikrishnan; Respondent: Puttiyottil Alikutty
Jurisdiction
India
Judgment Date
05 September 2000
Procedural Posture
Criminal Appeal / Appeal From Kerala High Court Decision in Crl.m.c. No. 1542 of 1998
Outcome
Appeal dismissed
Legal Topics
Police Misconduct, Limitation for Prosecution, Official Duty and Criminal Liability, Protection for Public Servants
Criminal Law Police Misconduct Limitation for Prosecution Official Duty and Criminal Liability Protection for Public Servants

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

P.P. Unikrishnan

Appellant

Puttiyottil Alikutty

Respondent

Procedural Posture

Criminal Appeal / Appeal From Kerala High Court Decision in Crl.m.c. No. 1542 of 1998

Legal Issues

  1. 1 Scope of Section 64(3) of Kerala Police Act regarding offences by police officers
  2. 2 Applicability of Section 473 CrPC to limitation under Kerala Police Act
  3. 3 Whether the alleged acts were in discharge of official duty

Ratio Decidendi

Benefit of limitation under Section 64(3) Kerala Police Act cannot be afforded to appellants because the alleged acts of illegal confinement and assault were not in exercise of official duty; Section 473 CrPC cannot extend limitation under Kerala Police Act.

Court Disposition

Appeal dismissed

Orders

  • Benefit of Section 64(3) Kerala Police Act not available to appellants
  • No extension of period of limitation under Section 473 CrPC