Back
IN THE HIGH COURT OF JUDICATURE AT PATNA
SANDEEP KUMAR
Ashok Kumar Yadav – Appellant
Versus
State of Bihar – Respondent
ORDER :
Heard the parties.
2. The present application has been filed for quashing the order dated 04.12.2018 passed by the learned Sub-Divisional Judicial Magistrate, Pupri, Sitamarhi in Complaint Case No. 126 of 2018 by which cognizance of offence punishable under Sections 427 and 504 of the Indian Penal Code has been taken against the petitioner without considering the relevant facts and circumstances of the case.
3. The brief facts of the case is that the complainant had preferred a complaint case against the present petitioner alleging that the petitioner in his official capacity of a Circle Officer had passed an order for removal of encroachment stating therein that only the ancestral house of the complainant was singled out and demolished.
4. Learned counsel for the petitioner submits that the petitioner being the Circle Officer had received several representations regarding encroachment of the public road which was causing obstruction in the movement of the vehicles. Acting upon the aforesaid representation, the petitioner had issued the necessary directions to the Anchal Amin for measurement of the concerned land. The petitioner had duly followed the procedure and issued the
Prior sanction under Section 197 Cr.P.C. is mandatory before prosecuting public servants for actions taken in discharge of official duties.
Sanction under Section 197 of the Cr.P.C. is mandatory for prosecuting public servants for actions taken while performing official duties, preventing misuse of legal proceedings.
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.
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 Cr.PC is essential for public servants to prevent frivolous prosecutions arising from actions taken in the course of official duties.
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....
Sanction under Section 197 Cr.P.C. is required before taking cognizance against public servants for acts performed in the course of official duty, necessitating a thorough inquiry into the nature of ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
