Public servants cannot be prosecuted without government sanction for acts performed in official capacities, especially under Section 197 of the CrPC.

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 respondents which culminated in passing of a final decree in their favour. It was also pleaded by the private respondents that when one of them approached the Jammu Municipal Corporation for grant of building permission, it was revealed that except for a strip of land measuring 4'x 6', the whole land belonged to the private respondents, whereas only the aforesaid strip of land belonged to Jammu Development Authority. It was alleged by the private respondents that on 30.09.018, the petitioners herein along with men and machinery came to their land and they forcibly demolished the buildings raised over there. It was also alleged that by this act of the petitioners, the private respondents were not only deprived of their immovable property, but even their movable belongings were destroyed. The private respondents are stated to have approached the SHO Police Station, Trikuta Nagar, Jammu for registration of an FIR, but he refused to do so which prompted them to approach the learned CJM Jammu with three separate complaints alleging commission of offences under S.391/427/452/506/511 RPC read with S.149 RPC.

3. It seems that the learned CJM, Jammu directed SHO Police Station, Bahu Fort, Jammu to verify the facts and report compliance. Upon receipt of report of the concerned SHO, impugned order dated 15.3.2019 came to be passed by the learned CJM whereby directions were issued to the SHO Police Station, Bahu Fort, Jammu to lodge an FIR against the petitioners under the relevant provisions of law and to conduct the investigation.

4. The aforesaid order was challenged by the petitioners by way of a revision petition before the learned Principal Sessions Judge, Jammu who, vide order dated 01.05.2019, set aside the order dated 15.03.2019 passed by learned CJM. It seems that the order passed by the learned CJM was challenged by one of the the private respondents, namely Sat Pal Sharma by way of a petition under S.561 - A CrPC bearing CRM(M) No. 259/2019. The said petition was allowed by this Court in terms of judgment dated 17.12.2020. While allowing the said petition, this Court held that an order passed by a Magistrate under S.156(3) CrPC is not revisable in nature and, as such, it was not open to the Principal Sessions Judge, Jammu to exercise his revisional jurisdiction against the order of learned CJM. It is, in these circumstances, that the petitioners have now challenged the order of learned CJM by filing these two petitions by invoking the jurisdiction of this Court under S.482 of CrPC.

5. It has been contended by the petitioners that they are holding high offices in the Government of Jammu and Kashmir and are members of J and K Administrativ