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PRAVEER BHATNAGAR
Amit Kumar – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Praveer Bhatnagar, J.
The petitioner has preferred this misc. petition under Section 482 Cr.P.C against the order dated 23.08.2023 passed by learned Additional Sessions Judge, Bhadra, District Hanumangarh in Criminal Revision No.17/2023, by which the learned Court below has dismissed the Revision Petition and affirmed the order dated 13.04.2023 passed by the learned Additional Chief Judicial Magistrate, Bhadra, District Hanumangarh in Criminal Case No.493/2019, whereby charges against the petitioner for the offences under Sections 420, 466, 467, 468 471 & 120B IPC were framed.
2. In the nutshell, brief facts of the case are that the complainant Mahaveer Singh has submitted a compliant before the learned trial court alleging that a plot situated in Ward No.24, new Ward No.29 is in his possession, which he purchased from Ram Chandra Vakil on 19.05.2004 through agreement. The accused Bharat Singh while hatching the conspiracy with accused Dinesh and Ravi Kumar, concealing the fact of possession of the complainant get issued the forge Patta dated 28.07.2017 from Municipal Board, Bhadra, District Hanumangarh. In the complaint it is also stated that the Municipal Board, Bhadra, Dist
Public servants cannot claim protection under Section 197 Cr.P.C for actions that fall outside the scope of their official duties, particularly in cases of forgery and misappropriation.
The judgment established the principle that a public servant requires sanction to prosecute for acts related to official duties, and emphasized the limited authority of the petitioner in executing de....
Prior sanction is mandatory for prosecuting public servants under the Prevention of Corruption Act and Section 197 Cr.P.C.
Sanction for prosecution of public servant – Public servants have been treated as a special category in order to protect them from malicious or vexatious prosecution. At the same time, shield cannot ....
The main legal point established in the judgment is that the protection under Section 197 Cr.P.C. is available only when the alleged act done by the public servant is reasonably connected with the di....
The main legal point established in the judgment is that public servants, when allegedly committing an offence in discharge of their official duties, require prior sanction for prosecution under Sect....
Public servant needs protection from prosecution under IPC only if acts are connected to official duties; lack of nexus and undue delay infringes the right to a speedy trial.
Prosecution of public servants for actions in official duty requires prior sanction under Section 197 Cr.P.C., necessitating clear evidence of involvement in fraud for cognizance to stand.
The main legal point established in the judgment is the requirement of a reasonable connection between the act and the official duty for the application of Section 197 of the Code of Criminal Procedu....
Sanction for prosecution of public servant – Section 197 Cr.P.C. does not extend its protective cover to every act or omission of a public servant while in service – It is restricted to only those ac....
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