Kar HC | Absolute protection to Judicial Officers under S. 3 (1) of Judges (Protection) Act; Suo-motu proceedings initiated to quash criminal complaint against Judicial Officer

Karnataka High Court initiated suo motu proceedings to quash criminal complaint against a Civil Judge, Ballari District.

Absolute protection granted to Judicial Officers under Section 3 (1) of Judges (Protection) Act, 1985

Bench passed the present order for the initiation of suo-motu proceedings under Section 482 Criminal Procedure Code, 1973.

A complaint was filed under Section 200 CrPC to which Civil Judge and JMFC, Vijay Kumar S. Jetla is shown as the accused 1.

Allegation as placed in the complaint was that the said Judicial Officer and other 9 persons arraigned as accused is of commission of offences punishable under Sections 166, 205, 120-A, 211, 219 and 499 read with Section 34 of Penal Code, 1860.

The said complaint was filed to the Chief Justice of this Court. Grievances were as follows:

  • grievance with about grant of his custody for 14 days in remand proceedings.
  • dismissal of protest petition filed by complainant.

Secretary, Chief Justice responded to the complainant that the remedy available for his grievance is on judicial side.

Now at present the said complaint is said to be pending in the Court of Senior Civil Judge and JMFC .

Bench stated that in view of the absolute protection granted to the Judicial Officers under Section 3 (1) of Judges (Protection) Act, 1985, the complaint could not have been entertained and registered as against the Judicial Officer.

Court added that, if the complaint would have been allowed to proceed further, it would completely set at naught the protection granted to the Judicial Officers under Section 3(1) of the Judges (Protection) Act, 1985.

Hence, Registrar General has been directed to file a suo-motu Criminal Petition under Section 482 CrPC for quashment of private complaint on the file of Senior Civil Judge and JMFC only in so far as the first accused mentioned therein, who is the Judicial Officer.  [Suo-Motu Criminal Petition, decided on 21-07-2020]

Read the Order, here:

suomoto-criminal-petition-21072020

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