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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN, J
DEPUTY SUPERINTENDENT OF POLICE VACB THRISSUR UNIT – Appellant
Versus
M P SUDHAKARAN – Respondent
| Table of Content |
|---|
| 1. the discharge of accused nos.1 to 3 is challenged based on corruption allegations. (Para 2 , 3) |
| 2. arguments focus on protection under the judges (protection) act for the first accused. (Para 5 , 6 , 6) |
| 3. the court discusses the validity of discharge for accused no.3. (Para 7 , 9) |
| 4. a quasi-judicial officer is entitled to protection unless criteria are not fulfilled. (Para 10) |
| 5. the final ruling allows the revision petition in part. (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 co
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.
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.
The central legal point established in the judgment is the entitlement of Revenue Officers to protection under the Judges (Protection) Act, 1985, for their quasi-judicial acts, as well as the judicia....
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....
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