alleged against the petitioner were during the course of his duties and were connected with the official duties of the petitioner herein. If that be so, at the most, the allegations against the petitioner can be treated as a case of Police excess. As observed in the judgments mentioned above, even in a case of Police excess, sanction is a mandatory requirement. The learned counsel for the 1st respondent by placing reliance upon, the judgment of this Court in D. Rajagopal v. Ayyappan [2021 (5) KHC Short Note 13] contended that in a case where the accused was tortured in prison, this Court held that sanction is not necessary as the act of torture would not come under the purview of discharging of duties. However, factual situation in the said case would reveal that the de facto complainant therein was subjected to several kinds of brutalities including causing of burn injuries on the body of the de facto complainant using cigarette. In this case the factual situation is not similar to the factual circumstance existed in that case. Here, there are no visible injuries for the 1st respondent and he got himself admitted in the hospital only on the next day of the incident. In such circumstances, I
