Back
JUDGMENT :
M A CHOWDHARY, J.
1. By way of this common judgment, this court proposes to dispose of all the above titled clubbed four petitions, in view of identical and similar facts involved in them, arising out of the same complaint, cognizance order dated 05.11.2012 passed by the trial court and order dated 26.05.2014 passed by the Revisional Court upholding the cognizance order, against all the petitioners as accused.
2. Petitioners, invoking the inherent jurisdiction of this court under Sections 561-A of J&K CrPC (akin to Section 482 CrPC and 528 BNSS), inter alia, have prayed quashing of the following:
(i) Criminal complaint under Sections 341/ 342 / 447 /452 /506 / 166/ 120-B RPC titled ‘Rajat Jandial V/S Sh. J. P. Sharma & Ors.’ pending in the Court of Ld. Sub Judge (Special Municipal Mobile Magistrate), Jammu;
(ii) Order dated 05.11.2012 whereby the Court of Ld. Sub-Judge (Special Municipal Mobile Magistrate), Jammu in the aforesaid complaint issued process against the petitioner and proforma respondents under Sections 341/342/506/166/120-B RPC; and
(iii) Order dated 26.05.2014, whereby the Court of Ld. Sessions Judge, Jammu dismissed the revision petition No. 51/Revision titled
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 ....
Prior sanction under Section 197 Cr.P.C. is mandatory to prosecute public servants for actions within their official duties, protecting them from vexatious allegations.
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.
Prior sanction under BNSS Section 218 mandatory for prosecuting police when alleged excesses during raid to arrest criminals reasonably connected to official duty; cognizance without sanction quashed....
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.
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
