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P. G. AJITHKUMAR
K. P. Vasu, S/o. Korappan – Appellant
Versus
Deputy Superintendent Of Police, Vigilance And Anti Corruption Bureau, Kozhikode Dist. – Respondent
ORDER :
(P.G. Ajithkumar, J.)
The petitioner was the Land Tribunal, Kozhikode during the relevant period. He issued Annexure A2 order issuing Purchase Certificate on 13.05.1998. C.C.No.21 of 2010 on the files of the Enquiry Commissioner and Special Judge, Kozhikode arose with respect to the said order. The petitioner is the 1st accused in that case. He seeks to quash Annexure A1 Final Report in C.C. No.21 of 2010 in this petition filed under Section 482 of the Code of Criminal Procedure, 1973.
2. The petitioner also filed Crl.R.P.No.1414 of 2017 challenging the charge framed by the Special Judge in the said case on 25.10.2017. A copy of the court charge was produced therewith. In the criminal revision petition, the contentions are mainly based on the protection available to a Judge under Section 3 of the Judges (Protection) Act, 1985. During pendency of the criminal revision petition, the petitioner has filled Crl.M.C.No.5839 of 2024.
3. Heard the learned counsel for the petitioner and the Special Public Prosecutor.
4. As per the order dated 25.10.2017, the learned Special Judge framed charge against the petitioner and his co accused. The court charge reads as follows:
Judicial acts performed in good faith by officials are protected from criminal prosecution under the Judges (Protection) Act, preventing abuse of the judicial process.
A quasi-judicial officer is entitled to protection under the Judges (Protection) Act unless essential criteria are not met.
A quasi-judicial officer is entitled to protection under the Judges (Protection) Act unless essential criteria are not met.
Discharge under Judges (Protection) Act, 1985 requires proper justification regarding quasi-judicial functions.
Point of law :Prevention of corruption - If a public servant, acting as a quasi judicial authority under a statute, passes an order and if such order is in favour of a person other than the Governmen....
A public servant acting in a quasi-judicial capacity is protected from criminal prosecution for errors made in judgment unless evidence of malfeasance is present.
Prosecution of a public servant requires prior sanction under Section 197 Cr.PC; absence of such sanction voids the proceedings against the petitioner.
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