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IN THE HIGH COURT OF JAMMU AND KASHMIR
V. C. S. K. P., J
Pawan Singh Rathore v. Union Territory of J and K
| Table of Content |
|---|
| 1. challenge to cjm's order directing fir registration. (Para 1 , 2 , 4) |
| 2. discussion of public servants' protection under section 197. (Para 5 , 10) |
| 3. explanation of 'official duties' and its legal implications. (Para 6 , 12) |
| 4. supreme court's stance on firs against public servants requiring sanction. (Para 20 , 22) |
| 5. court's decision to quash the earlier order. (Para 24) |
1. By this common order, the afore - titled two petitions challenging order dated 15.03.2019 passed by the learned Chief Judicial Magistrate, Jammu ('CJM' for short) on the applications filed by the private respondents under S.156(3) of CrPC against the petitioners, are proposed to be disposed of.
2. The private respondents filed three separate applications before the learned CJM alleging therein that they are owners in possession of land measuring 30 marlas (10 marlas each) situated at Channi Rama near Railway Road Jammu. It was alleged by the private respondents that they raised construction over their respective portions of the land in question, but Jammu Development Authority ('JDA' for short) raised a dispute with respect to the land in question. A civil litigation was filed by the private res
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