Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN
K.P.Remadevi, D/o.Narayanan Nair – Appellant
Versus
Superintendent Of Police Vigilance And Anti Corruption Bureau – Respondent
ORDER :
A. BADHARUDEEN, J.
First accused in V.C.No.07/2014 on the files of the Enquiry Commissioner and Special Judge, Kozhikode, has filed this Criminal Miscellaneous Case under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and the prayer herein is as under:
To quash Annexure A FIR No.VC 07/2014 KKD before the Enquiry Commissioner And Special Judge, Kozhikode and all further proceedings pursuant thereto, so as to secure the ends of justice.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor appearing for the Vigilance and Anti-Corruption Bureau.
3. In this matter, crime was registered alleging commission of offences punishable under Section 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988 (for short, ‘the PC Act, 1988’ hereinafter) as well as under Sections 465, 471 and 120B of the Indian Penal Code, by the accused. The allegations against the petitioner herein, as per FIR, are as under:
The Vigilance enquiry conducted disclosed that Smt.Remadevi had officiated as RDO Kozhikode for the period from 26-06-2009 to 22-02-2011. The officer was entrusted with the authority to proceed against the vehicles transporting river and illegall
Actions performed by the officer under the Sand Act were quasi-judicial, thus entitled to protection under the Judges (Protection) Act, requiring prior sanction for prosecution.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
