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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.BADHARUDEEN
Crl. Rev. Pet No. 713 of 2025 – Appellant
Versus
M.P. Sudhakaran, Former Special Tahsildar, Kodungallur – Respondent
| Table of Content |
|---|
| 1. overview of charges and proceedings leading to the revision petition. (Para 1 , 2 , 3) |
| 2. arguments regarding the applicability of judicial protections for the accused. (Para 5 , 6 , 6) |
| 3. court's examination of the legal standards for judicial protection. (Para 7 , 8 , 9) |
| 4. conclusion on the sustainability of discharges and need for trials. (Para 10) |
| 5. final decision on the revision petition. (Para 11) |
ORDER :
This criminal revision petition has been filed under Sections 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the prosecution, challenging order dated 09.12.2022 in Crl.M.P.No.572/2016 in C.C.No.12/2013 on the files of the Enquiry Commissioner and Special Judge, Thrissur, whereby the learned Special Judge discharged accused Nos.1 to 3 in the above case.
3. Here, the prosecution alleges commission of offences punishable under Sections 13 (1)(d) r/w. 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as ‘PC Act, 1988’ for short) as well as under Sections 468 , 471, 420 and 120B of the Indian Penal Code (hereinafter referred to as ‘IPC’ for short) by accused Nos.1 to 3.
5. The learned counsel for the 1st accused/1st respondent
Discharge under Judges (Protection) Act, 1985 requires proper justification regarding quasi-judicial functions.
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.
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.
Judicial acts performed in good faith by officials are protected from criminal prosecution under the Judges (Protection) Act, preventing abuse of the judicial process.
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....
The court emphasized that at the charge framing stage, the trial court must evaluate prosecution materials as true without considering the defense, and prosecution sanction is necessary for certain c....
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.
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