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BIBEK CHAUDHURI
Dhananjay Kumar Singh – Appellant
Versus
State of Bihar – Respondent
Bibek Chaudhuri, J. – Propriety of an order, dated 17th of January, 2019, passed by the learned Additional Sessions Judge, 2nd Court at Naugachhia, rejecting an application under Section 227 of the Cr.P.C., filed by the accused persons/petitioners, praying for discharging them from Sessions Trial No. 67 of 2018, arising out of Naugachhia Complaint Case No. 380 of 2005, under Section 302, 201 read with Section 120 B of the Indian Penal Code and Section 27 of the Arms Act has been challenged in the instant revision.
2. For the sake of adjudication, brief fact of the case and the background thereof are narrated below: –
(i) One Rajesh Kumar was murdered, receiving gun-shot injury on 6th of April, 2000. On the basis of a complaint, filed by the complainant, namely, Janardan Das, under Section 156(3) of the Cr.P.C, Bihupur P.S. Case No. 68 of 2000 was registered against the accused persons. Police took up investigation of the case and on completion of investigation, submitted report in final form stating, inter alia, that the allegation made by the informant had not been substantiated and the accused persons were not sent up for trial. The complainant filed a protest petition before the
Public servants are protected under Section 197 of the Cr.P.C. from prosecution for acts done in discharge of official duties, requiring prior sanction for prosecution even if the acts involve excess....
Protection under Section 197 of Cr.P.C. applies to public servants for acts done in discharge of official duties, barring prosecution without prior sanction.
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 main legal point established in the judgment is the need for a reasonable nexus between the alleged act and the discharge of official duty, and the limitations of the protection under Section 197....
Point of Law : Alleged indulgence of the officers in cheating, fabrication of records or misappropriation cannot be said to be in discharge of their official duty - Their official duty is not to fabr....
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