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.

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:

"WHEREFORE it is most humbly prayed that this Hon'ble Court may be pleased to pass an order, setting aside the order dated 7-12-2015 passed by learned Additional Civil Judge and JMFC, Kundapura, directing registration of crime and issuance of process against the petitioner for the offences punishable under Sections 499, 500 and 504 of IPC in PCR No.315/2015 (C.C.No.4417/2015), in interest of justice and equity."

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:

"The complainant begs to submit as follows:

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 the Bar Council of State of Karnataka, vide enrollment no. KAR/792/1985. That the complainant is a member of Kundapura Bar Association (Regd.), and has been practicing as an Advocate for the last over 29 years. That the complainant has been practicing as an Advocate in Civil, Criminal, Revenue. Co. Operative and other branches of law. That the complainant is a past president of Kundapura Bar Association. That the complainant is an Ex-President of Shiriyara Grama Panchayath and is the present sitting member of the said Grama Panchayath. He has also served as director of Brahmavara Sugar Factory, and contested the election held for Byndoor Assembly constituency. That the complainant commands great respect in the society, in the legal fraternity and among the clientele.

2. That the accused is a Government Servant and is serving as the Assistant Commissioner at Kundapura in the office of the Assistant Commissioner Kundapura, located at Mini Vidhana Soudha building at Kundapura.

3. That the complainant has taken up the brief of the Appellant Smt Sheelavathi Shedthy, in the Revenue Appeal bearing REV.SR. Appeal no.1/2015-16, on the file of the Assistant Commissioner at Kundapura. That the appellant has preferred the said appeal challenging the order dt.09-08-2002, passed by the Tahasildar Kundapura, in his proceedings bearing No.NCR DR 108/2002-03. That the above appeal stood posted to 27-07-2015, at 3.00 P.M., for hearing the Arguments of the parties. As usual the cases were taken up for hearing during the afternoon hours of the day. That the complainant made his presence in the court hall located in the above mentioned address at 3.00 P.M. When the case was called, the complainant stood up and proposed to advance his arguments on the appeal, at that time, the accused intervened and stated in a harsh voice, that "You stop it, I have got no time to hear your oral Arguments, whatever you want to say, put it in writing". At that time the complainant pleaded that he would not take much time, and that he would enlighten the court with regard to a few facts, which are quite relevant for deciding the appeal, and that he would not take more than five minutes. On hearing the complainant the accused became erratic, and furious and shouted at the complainant, in a harsh voice "No, No, get out from here". By that the complainant was shocked, surprised, and stunned at the unexpected behavior of the accused. When the complainant became stand still, the accused called the Dafedar of the court and directed him to drag out the complainant from the court hall. When the Dafedar started his move towards the complainant, the complainant scenting the threat of physical assault on him, came out of the court hall, to avoid illegal physical assault on him.

4. It is submitted that, the