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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
M A CHOWDHARY
Rajeshwar Singh, S/o Sh. Dhian Singh – Appellant
Versus
State through Additional Pp – Respondent
| Table of Content |
|---|
| 1. inquest into mysterious death and police inquiry. (Para 1 , 2 , 3) |
| 2. s.197 protection for supervisory official duties. (Para 4 , 13) |
| 3. illegal custody and third-degree torture alleged. (Para 5) |
| 4. court considers parties' rival contentions. (Para 6 , 7 , 8) |
| 5. trial court rejects s.197 for absent nexus. (Para 9 , 10 , 11) |
| 6. nexus test for acts in official discharge. (Para 12 , 14) |
| 7. sc principles on reasonable nexus for sanction. (Para 15 , 16 , 18 , 19) |
| 8. purported official acts require prosecution sanction. (Para 20 , 21) |
| 9. quashing without sanction; liberty upon grant. (Para 22 , 23) |
JUDGMENT :
M A CHOWDHARY, J.
1. Petitioner invoking the inherent jurisdiction of this court under Sections 561-A of J&K CrPC (akin to Section 482 CrPC and 528 BNSS) seeks quashing of order dated 11.05.2015 passed by learned 2nd Additional Sessions Judge Jammu (hereinafter call ‘trial court’), in Complaint No.92-A/complaint t ilted ‘Satish Kumar V/S Kulbir Singh & Ors’, whereby the court has held that the petitioner was not entitled to protection under Section 197 CrPC and also seeks the quashing of the complaint.
2. The petitioner pleads that in the month of May 2005, he was posted as S
Supervisory police officer entitled to Section 197 CrPC protection for alleged illegal detention and torture during inquest if reasonable nexus to official duties exists, requiring prior sanction bef....
Police actions in raiding history-sheeter's house for arrest in cognizable case have reasonable nexus to official duties, requiring prior sanction under Section 197 CrPC for prosecution of protected ....
Police actions in raiding history-sheeter's house for arrest, including restraint of son, have reasonable nexus to official duties, attracting Section 197 CrPC protection requiring prior sanction for....
Sanction under Section 197 of the Cr.P.C. is mandatory for prosecuting public servants for actions taken while performing official duties, preventing misuse of legal proceedings.
Protection under Section 197 Cr.PC is essential for public servants to prevent frivolous prosecutions arising from actions taken in the course of official duties.
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 ....
Protection under Section 197 of Cr.P.C. applies to public servants for acts done in discharge of official duties, barring prosecution without prior sanction.
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