Excelsior Correspondent
Jammu, June 11: Principal Sessions Judge Vinod Chatterji Koul quashed the order of CJM Jammu whereby CJM Jammu directed Police Station Bahu Fort to register FIR against former VC JDA Pawan Singh Rathore present Director Agriculture, Devinder Singh Katoch (Ex Director Land Management J DA), at present Joint Director, ICDS and Shruti Bhardwaj, Tehsildar Jammu Development Authority.
Principal Sessions Judge Vinod Chatterji Koul after hearing Adv Adarsh Sharma for the applicants, observed that the petitioners are public servants and they were performing their duties as such public servants. The allegation is that while performing the duties they have exceeded their powers and demolished the structure on the property belonging to the complaints after trespassing. The Chief Judicial Magistrate after obtaining the report has forwarded the complaint u/s 156(3) Cr.P.C to the SHO P/S Bahu Fort for investigation.
Court further observed that the Special Judge could not have taken the notice of the private complaint unless the same was accompanied by a sanction order, irrespective of whether the Court was acting at a pre-cognizable stage, if the post cognizable stage, if the complaint pertains to a public servant who is alleged to have committed offence in discharge of his official duties.
The High Court quashed the order passed by the Special Judge as well as the complaint filed against the appellant. With these observations Court set-aside the order of CJM Jammu for registration of a case.
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