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V. SRISHANANDA
Charulata Somal, D/o Virendra Singh – Appellant
Versus
Shiriyara Muddanna Shetty – Respondent
ORDER :
Heard Sri H.S.Chandramouli, learned Senior Counsel for the revision petitioner and Sri K.Prasanna Shetty, learned counsel for respondent.
2. In the revision petition, following is the prayer:
3. The facts in nutshell for disposal of the present revision petition are as under:
A private complaint came to be filed on the file of the Additional Civil Judge and JMFC, Kundapura, alleging the commission of offences punishable under Sections 499, 500, 504 and 506 of IPC against the revision petitioner by the respondent. The contentions urged in the private complaint read as under:
1. That the complainant is a respectable citizen of India. That the complainant is a registered legal practitioner, enrolled as an Advocate in the roll of th
Judges acting in quasi-judicial roles are protected under the Judges (Protection) Act, 1985, requiring prior sanction for prosecution, which the Trial Magistrate failed to consider.
Judicial comments made during court proceedings are protected under the Judges (Protection) Act, 1985; defamation claims against judges require scrutiny of official duties' nexus.
The protection under Section 197 Cr.P.C. is not available to public servants who commit offenses that are not connected with the discharge of their official duties or who act in excess of their autho....
Prosecution of a public servant requires prior sanction under Section 197 Cr.PC; absence of such sanction voids the proceedings against the petitioner.
The requirement of prior sanction under Section 197 of the CrPC is crucial for prosecuting public servants for acts done in the discharge of their official duties, to protect them from malicious and ....
The necessity of prior sanction under Section 197 Cr.P.C. is affirmed for public servants when their alleged offences are connected to the discharge of their official duties.
Sanction under Section 197 Cr.P.C. is essential for prosecuting public servants; proceedings lacking it are invalid.
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