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IN THE HIGH COURT OF DELHI AT NEW DELHI
PRAKASH LAL KHERA – Appellant
Versus
STATE & ANR – Respondent
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 with his family since 1981. Aside from his Jhuggi, there were various other jhuggis of others, on the said plot.
4. It was contended that the owner of the plot got the demolition Order dated 27.11.2003 from this Court in respect of 36 Jhuggis only in which the Jhuggi of Respondent No. 2, was not named. Despite that, in the execution of the d
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 ....
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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