XXX versus STATE OF KERALA & ORS.

Case summary from SCR

Issue for Consideration Issue arose whether the Single Judge exceeded his jurisdiction by interpreting sub-section (4) of s.175, BNSS while issuing consequential directions for the Judicial Magistrate-JM to pass an appropriate order on the appellant’s application without any prayer in this to the order of the JM calling for a report per sub-section (4) of s.175; whether the alleged acts of the public servants, fall within the discharge of their official duties; whether sub-section (4) of s.175, BNSS is a stand-alone provision or is it to be read in continuation of/as a