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IN THE HIGH COURT OF JUDICATURE AT PATNA
CHANDRA SHEKHAR JHA
Nitish Kumar S/o Late Ram Lakhan Singh – Appellant
Versus
State of Bihar – Respondent
JUDGMENT:
CHANDRA SHEKHAR JHA, J.
Heard Mr. P.K. Shahi, learned Advocate General appearing for the petitioner and Mr. Bhanu Pratap Singh, learned A.P.P. for the State duly assisted by Mr. Akash Shankar, learned counsel for the respondent/opposite party No. 2.
2. The present quashing petition preferred under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (in short, the “B.N.S.S.”) by the petitioner for quashing the entire complaint case including order dated 25.03.2025 passed in Complaint Case No. 321(C)/2025 and consequential notice issued against petitioner as ‘proposed accused’, pending in the court of Sri Mayank Kumar Pandey, learned Judicial Magistrate - 1st Class, Begusarai.
3. The brief case of the prosecution as it appears from the complaint petition, as mentioned aforesaid, filed before the court of learned C.J.M., Begusrai, that on 20.03.2025, while the complainant was watching a broadcast on Nav Bharat TV Channel at about 1:45 P.M., You Tube Channel and other social media, he noticed that the petitioner while inaugurating the event of ‘World Cup Sepak Takra, during the singing of the ‘National Anthem’ found talking with a person standing next to him, and he was co
The failure to examine the complainant on oath renders the issuance of notice to the proposed accused invalid, with the presence at the event being characterized as part of official duties.
A public servant, while discharging official duties, cannot be prosecuted without prior sanction; allegations lacking credible evidence, particularly injury, support quashing criminal proceedings.
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 ....
A public servant, when reacting angrily and abusively in a personal capacity, cannot claim protection under Section 197 of the Code of Criminal Procedure for actions that do not constitute the discha....
Sanction under Section 197 Cr.P.C. is essential for prosecuting public servants; proceedings lacking it are invalid.
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