Lawstreet Journal

‘No Civil or Criminal Proceedings Against Acts Done by Judicial Officers in Discharge of Official Duties’: Karnataka High Court

Lawstreet Journal 9 Oct 2020 1:09am

Image courtesy: Lawstreet Journal Judiciary ‘No Civil or Criminal Proceedings Against Acts Done by Judicial Officers in Discharge of Official Duties’: Karnataka High Court

The Karnataka High Court on Wednesday (7th October 2020) quashed and set aside a private complaint lodged against a Judicial Officer by one CM Manjunath. 

Proceedings against respondent No. 2 (Judicial Magistrate) as decided by the division bench of Chief JusticeAbhay Oka and Justice Ashok S Kinagi while setting aside the case. 

“…. we clarify that the complainant against the other accused shall proceed. We direct the Registrar Judicial to forward the order to all the district judges who in turn will forward the same to all judicial officers in their districts”. 

“for an act or word committed, done or spoken by a Judicial Officer in the course of acting or purporting to act in the discharge of his official duty or function, no court can entertain or continue any civil or criminal proceedings against the judicial officer’’, the HC observed while referring to the Judges (Protection) Act 1985 and Section 77 of the Indian Penal Code to quash the complaint filed in respect of certain statements alleged to have been made by the judicial officer against the complainant.

Amicus Curiae Vikram Huilgol had submitted that the 2nd Respondent, being a judicial officer in Karnataka, is a judge who is entitled to protection under Section 3(1) of the Judges Protection and Section 77 of the IPC. Further, the fulcrum of the complaint filed by the 1st Respondent is the order of the 2nd Respondent remaining him to judicial custody and thereafter declining to hear his bail application. These are acts done in the course… Continue Reading...

Tagged: Karnataka high court  
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