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IN THE HIGH COURT OF JUDICATURE AT PATNA
SOURENDRA PANDEY
Dilip Kumar S/o Shri Jagdish Prasad Saha – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. factual background of the complaint (Para 2 , 3 , 4 , 5) |
| 2. events leading to the peace committee meeting (Para 6 , 7 , 8 , 9) |
| 3. fir against the complainant for misconduct (Para 10 , 11 , 12 , 13) |
| 4. legal arguments presented by the petitioner (Para 18 , 20) |
| 5. judicial interpretation on section 197 of cr.p.c. (Para 37 , 38 , 39 , 40) |
| 6. counterarguments from the state (Para 60 , 61) |
| 7. question of law regarding prosecution of public servant (Para 68 , 69 , 70) |
| 8. final ruling on the case (Para 88 , 89) |
JUDGMENT :
SOURENDRA PANDEY, J.
1. Heard Mr. Mriganka Datta, learned Senior counsel assisted by Mr. Tuhin Shankar, Mr. A.K. Thakur and Mr. Goyal Kumar, learned counsels for the petitioner; Mr. Choubey Jawahar, the learned APP for the State and Mr. Akhileshwar Kumar Shrivastava and Mr. Amrit Kiriti, learned counsel for the opposite party no.2.
2. The present application has been filed by the petitioner invoking the inherent jurisdiction of this Hon’ble Court for quashing the order dated 13.08.2024 passed by the learned Sub-divisional Judicial Magistrate, Bettiah, West Champaran in Complaint Case No. 2260(C) of 2008 by which cognizance for the offence under Section 295 -A, 29
A public servant, while discharging official duties, cannot be prosecuted without prior sanction; allegations lacking credible evidence, particularly injury, support quashing criminal proceedings.
The main legal point established in the judgment is that public servants, when allegedly committing an offence in discharge of their official duties, require prior sanction for prosecution under Sect....
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 judgment establishes the requirement of prosecution sanction and the protection under section 197 of Cr.P.C. for public servants discharging official duty.
If the accused charged has the connection with discharge of his duty, then it must be held to be official, to which the applicability of Section 197 cannot be disputed and trial cannot proceed withou....
Public servants are entitled to protection under Section 197 of the Cr.P.C. when acting in the discharge of their official duties, and allegations against them must demonstrate a reasonable connectio....
The main legal point established in the judgment is the necessity of sanction for prosecution as envisaged by Section 197(2) of the Code of Criminal Procedure, 1973, and the determination that the co....
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....
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