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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
M A CHOWDHARY
Bishnesh Kumar S/o. Sh. Behari Lal – Appellant
Versus
Rajat Jandial, S/o. Sh. Ravinder Gupta – Respondent
| Table of Content |
|---|
| 1. clubbed petitions seek quashing of proceedings. (Para 1 , 2) |
| 2. police raid alleged as abuse of authority. (Para 3 , 9 , 10) |
| 3. cognizance taken without section 197 sanction. (Para 4 , 11) |
| 4. revisional court upholds magistrate's order. (Para 5 , 13 , 14 , 15) |
| 5. police acts part of official investigation duties. (Para 6 , 7 , 12 , 16 , 17 , 18) |
| 6. no immunity without reasonable official nexus. (Para 19) |
| 7. section 197 mandates prior sanction for officials. (Para 20 , 21) |
| 8. reasonable nexus test for official duty protection. (Para 22 , 23 , 24 , 25 , 26) |
| 9. gazetted officers require government prosecution sanction. (Para 27) |
| 10. acts connected to duty; no offences committed. (Para 28 , 29) |
| 11. quash as abuse of process lacking sanction. (Para 30 , 31 , 32) |
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.
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....
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 ....
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....
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.
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