P. K. GUPTA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The short question that emanates for consideration in this petition under Section 482 of the CrPC is whether a Revenue Officer as defined under Section 11 of the Chhattisgarh Land Revenue Code, 1959 (hereinafter called as 'Code') acting as quasi- judicial authority and passing order as Revenue Court exercising jurisdiction under the Code can be subjected to criminal proceedings can be prosecuted and punished for offences punishable under Sections 420, 467, 468 and 471/34 of the IPC.

(2.) The aforesaid question arises on following factual backdrop:-

(3.) This petition under Section 482 of the CrPC has been filed seeking quashment of registration of FIR and charge-sheet filed against him for the above-stated offences principally on the ground that he passed the order in question while acting as Revenue Officer under Section 11 of the Code and exercised his quasi-judicial power under the Code bonafidely, for which he cannot be criminally prosecuted and he is protected by Section 3 of the Act of 1950 and as such, entire criminal prosecution deserves to be quashed.