• FIR against judicial officers (magistrates/judges or revenue court officers)

Please cite case laws where criminal FIR was allowed to proceed against magistrates/judges/ or officers of revenue courts like Tehsildar or SDM if the orders passed by them in a judicial or quasi judicial proceeding was found malafide, unfair or unjust.
Asked 5 years ago in Criminal Law
Religion: Hindu

11 answers received in 1 day.

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13 Answers

The Judicial Officers’ Protection Act, 1850

            The Judicial Officers’ Protection Act, 1850 contains only one section and is aimed at providing protection to the judicial officers acting in good faith in their judicial capacity. Sec. 1 of the 1850 Act reads as under---

“Sec. 1--- Non liability to suit of officers acting judicially, for official acts done in good faith, and of officers executing warrants and orders—No Judge, Magistrate, Justice of the Peace, Collector or other person acting judicially shall be liable to be sued in any Civil Court for any act done or ordered to be done by him in the discharge of his judicial duty, whether or not within the limits of his jurisdiction : Provided that he at the time in good faith, believed himself to have jurisdiction to do or order the act complained of; and no officer of any Court or other person, bound to execute the lawful warrants or orders of any such Judge, Magistrate, Justice of Peace, Collector or other person acting judicially shall be liable to be sued in any Civil Court, for the execution of any warrant or order, which he would be bound to execute, if within the jurisdiction of the person issuing the same.

 

 

 

 

 

 

 

 

2)Delhi Judicial Service Association vs. State of Gujarat, (1991) 4 SCC 406- Three Judge Bench held 

Directions issued by Supreme Court-----

(A)              A Judicial Officer should be arrested for any offence under intimation to the District Judge or the High Court as the case may be.

(B)              In case of necessity for immediate arrest of a Judicial Officer only a technical or formal arrest may be effected.

(C)              The fact of such arrest should be immediately communicated to the District and Sessions Judge of the concerned District and the Chief Justice of the High Court.

(D)             The Judicial Officer so arrested shall not be taken to a police station, without the prior order or directions of the District and Sessions Judge of the concerned district, if available.

(E)              Immediate facilities shall be provided to the Judicial Officer for communication with his family members, legal advisers and Judicial Officers, including the District and Sessions Judge.

(F)               No statement of a Judicial Officer who is under arrest be recorded nor any panchnama be drawn up nor any medical tests be conducted except in the presence of the Legal Adviser of the Judicial Officer concerned or another Judicial Officer of equal or higher rank, if available.

(G)             Ordinarily there should be no handcuffing of a Judicial Officer

Ajay Sethi
Advocate, Mumbai
99793 Answers
8147 Consultations

Every judicial officer have their perspective to see things.

Mostly they prove their decision right by mentioning laws.

Stiill if you feel there was some injustice delivered to you than you can file a complaint against him to the Highest Court Justice. 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Rajasthan HC passed an order to initiate inquiry against judge who granted bail to pocso accused. 

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

Criminal cases against judicial officials is a very serious charge and should be done with caution. Moreover they cannot be charged for judgement or orders passed in official capacity.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. Any officer passing order in whatsoever unjust manner is immune from proceeding against under any criminal law.

2. If the extraneous reason like bribe or unlawful enrichment is proved then disciplinary proceeding can be initiated against them leading to dismissal from service.

3. However in no sch circumstances FIR can be registered die to protection under Official Secrets Act. 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

You need to prove the same that it was prima facie malafide. They enjoy a legal immunity. And take the allways take shelter of good faith. You can file FIR but for trial you need sanction from appropriate govt for the same

Prashant Nayak
Advocate, Mumbai
34527 Answers
249 Consultations

Yes, I can find it for you all relevant citations . If you could provide issue and facts of the case it will be great.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

The Judicial officers or executive officers cannot be tried for the judgments passed by them just because the litigant has been aggrieved by such judgments.

The litigant can prefer an appeal against the impugned judgment.

What is your case and your grievances in this regard.

 

T Kalaiselvan
Advocate, Vellore
89995 Answers
2496 Consultations

1. You cannot Lodge FIR against a public officer for passing unfavourable or malafide orders.

2. You can file appeal or revision against their order before appellate authority or court. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Delhi Judicial Service ... vs State Of Gujarat And Ors. Etc-Etc on 11 September, 1991

Equivalent citations: 1991 AIR 2176, 1991 SCR (3) 936

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. There are no such cases.

2. No FIR is maintainable against a judicial officer if the order is unfair and unjust. The corrective remedies under the legal framework can always be adopted by a person aggrieved by an order passed by the court, but no FIR can be filed against the judicial officer unless it is shown that order in question was influenced by extraneous considerations.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Dear Sir,

As per the provisions of law, there can be no case against judicial officers for doing anything under their official capacity. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

- As per law, you cannot lodge a complaint against any judicial officers , due to a judgement passes against you .

- Hence, if you suffered from any unjustified order/judgement passes by a judicial officer , then there is provision of Revision, Review, or Appeal to higher judiciary.

- Further , as per Supreme court judgement , no criminal case shall be registered under Section 154 of the Criminal Procedure Code (an FIR) against a judge, Chief Justice of the High Court or a judge of the Supreme Court unless the government first consults the Chief Justice of India. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

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