<p>The Karnataka High Court has discharged two persons, including a software engineer, in a case pertaining to drunk driving as well as alleged assault on police.</p>.<p>Justice Mohammed Nawaz said that the materials on record are insufficient to proceed against the petitioners and also observed that the ingredients of the offence alleged are not made out by the prosecution. </p>.<p>The petitioners had moved the high court after the trial court refused to discharge them from the case wherein they were chargesheeted under IPC Section 353 (assault or criminal force to deter public servant from discharge of his duty).</p>.<p>The allegation was that one of the petitioners slapped a police officer, while the other was booked and fined for drunk driving.</p>.<p>The incident occurred on the night of April 9, 2017.</p>.<p>K G Aiyappa, counsel for the petitioners, argued that as per a circular dated September 25, 2015, issued by the Office of the Additional Commissioner of Police (Traffic), the fine amount cannot be collected by the traffic police in a drunk driving case.</p>.<p>“As per the circular, only the court is authorised to decide the fine amount and under no circumstances, can the fine amount be collected by the traffic police to pay it on behalf of the accused.</p>.<p class="CrossHead"><strong>‘No video proof’</strong></p>.<p>“Further, checking activity has not been videographed. It is also relevant to see that if a person tries to physically assault the police, he should be restrained and the jurisdictional police should be called to the spot to take custody of the said person,” Justice Nawaz said.</p>.<p>The court further said: “In the present case, none of the procedures were followed while apprehending the accused. Moreover, there are no independent witnesses whose statements are recorded, though it is specifically stated in the complaint that the public helped the police in apprehending the accused.”</p>
<p>The Karnataka High Court has discharged two persons, including a software engineer, in a case pertaining to drunk driving as well as alleged assault on police.</p>.<p>Justice Mohammed Nawaz said that the materials on record are insufficient to proceed against the petitioners and also observed that the ingredients of the offence alleged are not made out by the prosecution. </p>.<p>The petitioners had moved the high court after the trial court refused to discharge them from the case wherein they were chargesheeted under IPC Section 353 (assault or criminal force to deter public servant from discharge of his duty).</p>.<p>The allegation was that one of the petitioners slapped a police officer, while the other was booked and fined for drunk driving.</p>.<p>The incident occurred on the night of April 9, 2017.</p>.<p>K G Aiyappa, counsel for the petitioners, argued that as per a circular dated September 25, 2015, issued by the Office of the Additional Commissioner of Police (Traffic), the fine amount cannot be collected by the traffic police in a drunk driving case.</p>.<p>“As per the circular, only the court is authorised to decide the fine amount and under no circumstances, can the fine amount be collected by the traffic police to pay it on behalf of the accused.</p>.<p class="CrossHead"><strong>‘No video proof’</strong></p>.<p>“Further, checking activity has not been videographed. It is also relevant to see that if a person tries to physically assault the police, he should be restrained and the jurisdictional police should be called to the spot to take custody of the said person,” Justice Nawaz said.</p>.<p>The court further said: “In the present case, none of the procedures were followed while apprehending the accused. Moreover, there are no independent witnesses whose statements are recorded, though it is specifically stated in the complaint that the public helped the police in apprehending the accused.”</p>
