Khushi Doshi
Published on: March 14, 2022 at 18:11 IST
The Madhya Pradesh High Court recently ruled that a Tehsildar who was Accused of Abusing her Position by providing undue Benefits to both her husband and her servant was not Entitled to Protection under the Judges Protection Act, 1985.
The Division Bench of Chief Justice Ravi Malimath and Justice V.K. Shukla was hearing a Criminal Revision Case in which the Applicant was Challenging a Lower Court Order in which she was Denied Protection under the Judges Protection Act, 1985. (“Act of 1985”).
According to the Prosecution, a Complaint was filed against the Applicant Alleging that she abused her position as Tehsildar by Auctioning a Property at a much lower price than the Guideline Value.
The property was sold to her servant, and her husband was present as a Witness. As a result, she was Charged under Sections 13(1)(d) and 13(2) of the Prevention of Corruption Act, as well as Sections 169 and 120-B of the Indian Penal Code. The Lower Court Rejected her Plea for protection under the Act of 1985 while Framing the Charges.
The Applicant asserted that Provisions of the Act of 1985 go on to show that, in order to seek Protection under the Statute, the person concerned must demonstrate that the cause of Action for Filing Prosecution against them relates to something done by them while exercising Adjudicatory Jurisdiction, i.e., deciding the lis as Judicial Officer.
Given the Facts of the Case, the Court concluded that the Lower Court correctly Rejected the Applicant’s request for Protection under the Act of 1985. With the Observations, the Court concluded that the Impugned Order was not illegal, and thus the Criminal Revision was Dismissed.
Also Read: Analysis of The Shakti Criminal Laws (Maharashtra Amendment) Act, 2020
