news details |
|
|
| HC quashes criminal proceedings against SE | | | EARLY TIMES REPORT
JAMMU, December: 22 (JNF):- In a petition filed by Altaf Hussain (SE) and ors of PWD against whom criminal proceedings had been initiated by the Judicial Magistrate Doda, Justice Sunil Hali of J&K High Court Jammu Wing after hearing Advocate Piyush Gupta appearing for the petitioners whereas Advocate SS Ahmed for complainant, quashed the proceedings.
In the petition it has been submitted that on the basis of some construction having been raised by the respondents, the petitioners being officials of the PWD have resorted to demolition of the structure. An FIR was registered on March 28, 2003 u/s 500/447/427/166/109 RPC came to be lodged before the P/S Doda on the basis of complaint filed by Private respondent. In pursuance to the same action is purported to have been taken by the police station Doda and challan was presented in the Court. Trial Court has initiated proceedings against the petitioner who are all officers of the PWD.
The petitioner had filed present petition on the ground that before initiating the proceedings in the matter, sanction as required under section 197 CrPC for prosecution of the petitioners (Govt employees) has not been obtained from the Govt.
The court observed that it is not in dispute that demolishing of the structures was done by the petitioner in their capacity as officials of Public Works Dept. The Act was official for which sanction u/s 197 CrPC was required to be obtained. Contention of Adv SS Ahmed cannot be sustained in view of the fact that while demolishing the structure the petitioners were performing an official duty. Any illegal demolition of the structure may give cause to the respondents to the appropriate proceedings, but no criminal proceedings can be initiated without obtaining sanction from the Govt.
Court further observed that the Magistrate should have taken note of the fact that no sanction has been granted by the Govt u/s 197 CrPC for initiating criminal proceedings, with this view the State High Court quashed the proceedings initiated against the petitioners. JNF
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
|
|
STOCK UPDATE |
|
|
 |
| BSE
Sensex |
 |
| NSE
Nifty |
|
|
| |
CRICKET UPDATE |
|
|
|
|
| |
| |
|
|
| |
|
|
|
|
| |
|
|
|
|
|
|
|
|
|
|
|
|
|
