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IN THE HIGH COURT OF JUDICATURE AT PATNA
SOURENDRA PANDEY
Haribansh Mahto, son of Late Foolchand Mahto – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. police raid alleged as illegal assault and theft (Para 1 , 2 , 3 , 4) |
| 2. police acted in official duty; sanction mandatory (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 3. precedents require sanction for official acts (Para 16 , 17 , 18) |
| 4. police excess negates sanction requirement (Para 20 , 21 , 22 , 23 , 24 , 25) |
| 5. raid connected to apprehending accused relatives (Para 26 , 27) |
| 6. reasonable nexus to duty mandates prior sanction (Para 28 , 29 , 30 , 31) |
| 7. excess in duty still needs sanction; deemed sanction invalid (Para 32 , 33 , 34 , 35 , 36) |
| 8. quash cognizance for lacking sanction (Para 37 , 38 , 39) |
JUDGMENT :
Heard Mr. P.K. Shahi, the learned Advocate General, assisted by Mr. Shivendra Prasad, the learned counsel for the petitioners and Mr. Dhirendar Kumar Sinha, the learned counsel, assisted by Mr. Amrit Lal and Ms. Vaishnavi Kashyap, the learned counsels for the complainant/opposite party No. 2. The State has been represented by Mr. Ashok Kumar Singh, the learned Addl. Public Prosecutor for the State.
2. This application, invoking inherent jurisdiction, has been preferred seeking quashing of the order dated 07.05.2025 passed by the learned Chief Judi
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