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IN THE HIGH COURT OF KERALA AT ERNAKULAM
V.G.ARUN
Suhyb P.J S/o. Jamaludheen – Appellant
Versus
State Of Kerala – Respondent
| Table of Content |
|---|
| 1. custodial allegations require careful procedural adherence. (Para 1 , 2) |
| 2. contentions on procedural violations and bias of the magistrate. (Para 3 , 4 , 5) |
| 3. arguments countering the necessity of protective procedural requirements. (Para 6 , 7) |
| 4. court's observations on statutory protections for public servants. (Para 10 , 11 , 12 , 14 , 15) |
| 5. cognizance issuance against public servants requires adherence to protocol. (Para 16) |
| 6. direction to magistrate for compliant proceedings. (Para 17) |
ORDER :
Petitioners are forest officials, the 1st petitioner being the Divisional Forest Officer, Marayoor Forest Division and the 2nd petitioner, the Range Forest Officer. Three crimes were registered at the Marayoor Forest Range as O.R.Nos.1, 2 and 3 of 2024 for offences under Sections 27 (1)(d), 27(1)(e)(ii), 27(1) (e)(iii) and 27(1)(e)(iv) read with Sections 47C and 47G of the Kerala Forest Act against certain persons including the 2nd respondents herein. As the facts in Crl.M.C.Nos.65 and 86 of 2025 are slightly different from those in Crl.M.C.Nos.73, 74 and 85 of 2025, the two sets of cases are dealt with separately.
Pursuant to the registration of O.R.Nos.1,2 and 3 of 2024
The court ruled that custodial allegations against public servants require adherence to statutory procedures, including allowing the accused an opportunity to respond before cognizance can be taken.
A Magistrate must examine the complainants and witnesses before issuing notices to the accused under Section 223(1) of BNSS, 2023, ensuring compliance with procedural mandates.
Cognizance of offences – Notice is to be issued to accused only after examination of Complainant and present witnesses.
(1) Commission of offence by public servant in course of discharge of his official duty – Sub-section (4) of Section 175 is neither an independent / a standalone provision nor a proviso to sub-sectio....
Failure to comply with procedural safeguards in the registration of FIR against public servants, specifically ignoring the necessity of a report from a superior officer, renders the Magistrate's orde....
The court clarified that Section 175(4) of the BNSS is discretionary, not mandatory, allowing the Magistrate to independently decide on investigations without undue influence from prior orders.
Public servants are not immune from prosecution for criminal acts committed outside the scope of their official duties, and FIR registration is mandatory when a cognizable offense is reported.
The requirement of prior sanction under Section 197 of the CrPC is crucial for prosecuting public servants for acts done in the discharge of their official duties, to protect them from malicious and ....
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