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DELHI HIGH COURT
SWARANA KANTA SHARMA
Brij Mohan Sehgal – Appellant
Versus
Pankaj Sanghi – Respondent
| Table of Content |
|---|
| 1. jurisdiction and authority over public prosecutors (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. violation of financial rules and implications thereof (Para 7 , 8 , 9 , 10) |
| 3. defense arguments against petitioner's allegations (Para 11 , 14 , 16) |
| 4. issues raised regarding biometric procurement and transfers (Para 12 , 13) |
| 5. assessment of financial irregularities and administrative actions (Para 18 , 19) |
| 6. judicial discretion in taking cognizance of complaints (Para 20) |
| 7. final ruling dismissing the revision petition (Para 21) |
JUDGMENT
Swarana Kanta Sharma, J. That the present Criminal Miscellaneous Petition under Section 482 Cr.P.C. is directed against the impugned order dated 14.11.2019 passed by learned MM-07 (Central) Delhi, Tis Hazari Courts, Delhi in Criminal Complaint Case No. 2750/2019 and impugned order dated 13.04.2022 passed by learned ASJ (Central) Delhi, Tis Hazari Courts, Delhi, in Criminal Revision No.82/2020, titled as `Sh. Brij Mohan Sehgal vs. Pankaj Sanghi' under Section 200 of Cr.P.C., whereby the learned Magistrate and the learned ASJ, dismissed the CC No.2750/2019 and Criminal Revision Petition No.82/2020 by passing the impugned orders dated 14.11.2019 and 13
No criminal culpability arises from administrative transfers of public prosecutors or procurement decisions unless specific statutory offenses are demonstrated.
Role of Public Prosecutors – Working of Prosecutors has to be free from any executive or political interference – Conduct of every Prosecutor should be above reproach – He should be conscientious, st....
Public prosecutor, and then the trial court's scrutiny, both play an essential role in safeguarding the accused's right to fair investigation, when faced with the might of the state's police machiner....
Public Prosecutors - It is in discharge of duties as a Prosecutor, he is ordained by law, by professional ethics or by his role as an Officer of Court, to employ only such means as are fair and legit....
The main legal point established in the judgment is that the establishment and appointments within the Jammu & Kashmir Prosecution Service were in accordance with the amended provisions of the Code o....
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