HC stays proceedings against Tehsildar

Excelsior Correspondent

JAMMU, Oct 3: High Court has stayed proceedings against Tehsildar Srinagar (North), Qaiser Mehmood, initiated by the Chief Judicial Magistrate Samba in a complaint filed by one Dharam Paul.
The CJM Samba had issued arrest warrant against the Tehsildar through SSP, Srinagar and also non-bailable warrant against surety of the petitioner in the Robkar.
The Tehsildar had filed the petition under section 482 of Criminal Procedure Code seeking quashment of proceedings initiated against him in the complaint filed by Dharam Paul, who was allegedly assaulted and abused in 2019 by PSO of the petitioner when he had visited the office of the Tehsildar for implementation of a court order.
Through his counsel Vasudha Sharma, the petitioner had assailed the order of CJM Jammu and sought its quashment as well as the complaint mainly on the ground that sanction for prosecution in terms of section 197 Cr.P.C. has not been obtained before taking cognizance in the complaint as the petitioner at the relevant point of time was in his office and was performing his official functions.
After hearing the argument, Justice Sanjay Dhar observed that there appears to be a prima facie merit in the submission of the learned counsel for the petitioner, as such, a case for grant of interim indulgence is made.
The court issued notice to the respondent to be sent to him through concerned Police Station and meanwhile subject to objections from the other side, proceedings in the impugned complaint pending before the trial court were stayed.