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SANJAY KUMAR DWIVEDI
Sweta Kumari Gupta @ Sweta Gupta, wife of Vikram Meghwal – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard Mr. Ajay Kumar Sah, learned counsel for the petitioner, Mr. Jitendra Pandey, learned counsel for the State and Mr. Robin Kumar, learned counsel for opposite party no.2.
2. This petition has been filed for quashing the entire criminal proceedings in connection with Complaint Case No.1738 of 2016 including the order dated 18.02.2019 passed by the learned Chief Judicial Magistrate, Ranchi whereby cognizance has been taken under Section 504 of the Indian Penal Code against the petitioner, which is pending in the court of the learned Chief Judicial Magistrate, Ranchi.
3. The complainant filed the complaint alleging therein that on 06.06.2015, meeting of Establishment Committee of Deputy Commissioner was held wherein the complainant who was posted at Namkum block was transferred to Jan Shikayat Koshang as Clerk in the office of the Deputy Commissioner, Ranchi. On 22.07.2015, the complainant intimated the Deputy Commissioner vide letter dated 22.07.2015 about the difficulty in handling two offices simultaneously as the complainant was posted at G/12 and also Room no.212 on Collectorate building, the Deputy Commissioner did not take any action. Vide letter dated 25.07.2015, S
The main legal point established is that a public servant discharging official duty is protected under Section 197 Cr.P.C., and the complaint stage inquiry is limited to prima facie satisfaction of s....
The main legal point established in the judgment is the need to balance the protection of public servants with the rights of citizens, as well as the requirement for a reasonable connection between t....
Section 197 of the Code of Criminal Procedure requires that a public servant's alleged misconduct must relate closely to their official duties to warrant protection, which the minister's angry outbur....
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.
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