official duty Archives

‘No need to await accused’s proof, when allegations fall within General Exceptions’; J&K and Ladakh High Court quashes FIR against Revenue Officials acting under court orders

“An act done by a person pursuant to the judgment of the Court cannot form basis for prosecuting such person as the same does not come within the definition of “offence” as contained in IPC.”

Case Briefs High Courts

S. 197 CrPC | Excess use of power by Customs officers to ‘extract truth’ is an act done in discharge of official duty: Rajasthan High Court

“Sanction of the Government, to prosecute a public officer, for any act related to the discharge of official duty, is imperative to protect the public officer from facing harassive, retaliatory, revengeful, and frivolous proceedings.”

Case Briefs Supreme Court

Real test is to check whether the act was directly concerned with official duty: SC quashes criminal proceedings against clerk accused of conspiring with superiors, for want of S. 197 CrPC sanction

Supreme Court: A Division Bench of Sanjay Kishan Kaul and Hemant Gupta, JJ. upheld Rajasthan High Court’s order whereby it had directed

Case Briefs High Courts

Ori HC | Court should not take cognizance if the act complained of appears to have inseparable nexus with discharge of official duty

Orissa High Court: The Bench of Dr A. K. Mishra, J., allowed a petition filed to quash the order passed taking cognizance

Case Briefs High Courts

Proceedings against police officer quashed for acting in discharge of official duty

Kerala High Court: A Single Judge Bench comprising of B. Kemal Pasha, J. drew a nexus between the act and the discharge