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IN THE HIGH COURT OF DELHI AT NEW DELHI
PRAKASH LAL KHERA – Appellant
Versus
STATE & ANR – Respondent
| Table of Content |
|---|
| 1. petition details and respondent's complaint. (Para 1 , 2 , 3) |
| 2. arguments regarding demolition and summoning. (Para 4 , 8 , 10 , 11 , 19) |
| 3. court observations on responsibility. (Para 5 , 12 , 29) |
| 4. sanction requirement for public servants. (Para 17 , 30) |
| 5. disposal of petition and directive to magistrate. (Para 31 , 32) |
JUDGMENT :
NEENA BANSAL KRISHNA, J.
1. Petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘CrPC’) has been filed on behalf of the Petitioner, Prakash Lal Khera for quashing of the Order dated 26.10.2016, passed by the Court of learned CMM (North West), Rohini, Delhi, who has summoned the Petitioner for the offence under Section 304A of the Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’) in Complaint Case bearing CC No.1594/2001.
2. Briefly stated, Respondent No. 2, Mohd. Iliyas filed a Complaint case bearing CC No. 1594/2001 against the Petitioner and two others, for having committed the offence under Section 304A of the IPC.
3. The basic averments made in the Complaint, were that the Respondent No. 2, Mohd. Iliyas was having his Jhuggi bearing Plot No. 138 WPIA, Delhi where he had been residing w
No liability under Section 304A IPC exists without established negligence or intent; presence as an SHO solely for law enforcement does not incur personal culpability.
The absence of sanction under Section 197 of the Cr.P.C. invalidates criminal proceedings against public servants acting within the scope of their official duties.
The Superintendent Engineer validly issued a demolition order under delegated authority, despite challenges regarding notice and natural justice, affirming the necessity of judicial efficiency in mun....
The court emphasized the necessity of proper notice and adherence to procedural safeguards in administrative actions affecting property rights, ruling the demolition illegal due to failure to follow ....
Quasi-criminal proceedings under Order 39 Rule 2-A CPC require proof beyond doubt of willful injunction disobedience; appellate courts cannot reverse trial credibility findings absent perversity, esp....
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....
Sanction under Section 197 Cr.P.C. is essential for prosecuting public servants; proceedings lacking it are invalid.
The duty of the municipal authority to ensure prompt demolition of unauthorized constructions and the precedence of the order of a higher court over that of a subordinate court.
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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