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IN THE HIGH COURT OF JUDICATURE AT PATNA
JITENDRA KUMAR
Kumar Arun Prakash Son of Late S.N. Pandey – Appellant
Versus
State Of Bihar – Respondent
ORDER :
JITENDRA KUMAR, J.
1. The present petition has been preferred by the petitioner under Section 482 Cr.PC against the impugned order dated 10.09.2014 passed by Ld. Judicial Magistrate Ist Class, Birpur in Complaint Case No. 299C of 2014 whereby Ld. Magistrate has taken cognizance of offence punishable under Sections 420 , 467, 468, 471 and 120B of the Indian Penal Code against the petitioner along with other co-accused, namely, Anant Lal Purbey, Ramjee Mandal and Umesh Kumar and directed issuance of summons after filing of the requisites by the Complainant.
2. As per the complaint filed by way of protest petition, the complainant has alleged that the accused Anant Lal Purbey conspired with the co-accused including the petitioner, to get the land of the complainant mutated in his name. As per averment made in the complaint, the land in question was self acquired property of his father and it was already mutated in name of his father. After death of his father, the complainant was in possession of the land. However, the accused Anant Lal Purbey in connivance with the accused persons, including the petitioner, has got the land mutated in his own name.
3. Heard Ld. counsel for the
Prosecution of a public servant requires prior sanction under Section 197 Cr.PC; absence of such sanction voids the proceedings against the petitioner.
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.
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 that public servants, when allegedly committing an offence in discharge of their official duties, require prior sanction for prosecution under Sect....
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.
Public servants acting in purported discharge of official duties are protected under Section 197 of the CrPC, necessitating government sanction for prosecution.
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....
The main legal point established in the judgment is the requirement of sanction under Section 197 Cr.P.C. for public servants and the power to quash proceedings if ex facie bad for want of sanction, ....
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