PARDEEP KUMAR Vs. DALEEP KUMAR

JUDGEMENT

(1.) By this petition, the petitioner has challenged the order of the learned Judicial Magistrate Ist Class, Amritsar, dated 31.01.2017, by which the complaint filed by the petitioner under Section 190 (1) (a) of the Cr.P.C., against the respondent in the complaint, i.e. Sh. Daleep Kumar, Judicial Magistrate Ist Class, Amritsar, has been dismissed.

(2.) The complaint by the petitioner against the JMIC named therein as a respondent, was that the said JMIC (respondent in the complaint) had dismissed a complaint earlier filed by the petitioner under Section 190 (1) (a) Cr.PC., bearing no. COM1/222/14 dated 26.04.2014, the said order of dismissal having been passed on account of non-appearance of the petitioner (the complainant) (with the complaint therefore, having been dismissed-in-default) on 15.03.2016.

(3.) That complaint (against the JMIC), having come up before another JMIC, has been dismissed on 31.01.2017 on the ground that, firstly, any Judge acting as such Judge, would not be committing an offence, even in terms of Section 77 of the IPC, with the said provision reading as follows:- Act of Judge when acting judicially. Nothing is an offence which is done by a Judge when acting judicially in the exercise of any power which is, or which in good faith he believes to be, given to him by law.