Goa News

Booking.com

HC ruling gives government servants relief

HC ruling gives government servants relief

12 Jan 2018 No comment 4 hits

PANAJI: The high court of Bombay at Goa has held that a judicial magistrate did not have the jurisdiction to order a first information report (FIR) against a police officer for an alleged offence, in absence of government sanction to prosecute him.
The order comes as a relief to those public servants who have to face criminal cases for action taken against members of the general public in the course of discharging their duties.

The case in question pertains to police inspector (PI) Pradeep Velip, who had moved the high court over a 2013 order of a judicial magistrate first class (JMFC) court to register an FIR against him. According to the petitioner, a sessions court, which confirmed the JMFC court's order in 2016, opined that the sanction to prosecute was required only under the Prevention of Corruption Act and not under the Indian Penal Code (IPC). The lower courts had directed investigation against the officer for wrongful restraint, criminal intimidation and other IPC sections on a complaint filed by a citizen, Peter Luis.

A division bench comprising Justice Shantanu Kemkar and Justice Nutan Sardessai said, "In our considered view, the learned magistrate did not have jurisdiction to order the registration of the FIR and direct investigation into the offences under the IPC against the petitioner in the absence of any sanction for prosecution under Section 197 of the CrPC."

Section 197 of the Code of Criminal Procedure states cognisance of any offence by any court is barred unless sanction is obtained from the appropriate authority if the offence is alleged to have been committed during discharge of official duty.

Velip had told the high court that a false complaint was filed against him as he had intercepted Luis and another on suspicion, while they were travelling on motorcycle, at Ramnagar junction, Mugalli, on November 26, 2012, at 3.50am. The officer alleged that the accused pushed him and fled upon being questioned.

An FIR was registered against the accused by the Maina-Curtorim police. Luis later approached the court seeking the registration of an FIR against the PI.

During the hearing of the case, the petitioner's lawyer Ryan Menezes, argued that the lower courts committed an error while directing registration of the FIR against the police officer. He also stated that the complaint was filed by Luis without an affidavit. Public prosecutor S R Rivonkar submitted that courts cannot order the registration of an FIR against a public servant without sanction for prosecution.

The high court has set aside the orders passed by the lower court ordering an FIR against the PI.


Get latest news & live updates on the go on your pc with News App. Download The Times of India news app for your device.

Source: HC ruling gives government servants relief

Pin It

Add comment

   


Security code
Refresh