STATE TIMES NEWS JAMMU: Principal Sessions Judge Vinod Chatterji Koul on Tuesday quashed the order of CJM Jammu whereby CJM Jammu directed Police Station Bahu Fort to register FIR against Ex-VC JDA Pawan Singh Rathore, at present Director Agriculture, Devinder Singh Katoch Ex-Director Land Management JDA, at present Joint Director, ICDS and Shruti Bhardwaj, Tehsildar Jammu Development Authority. After hearing Advocate Adarsh Sharma for the applicants, the court observed that the petitioners are public servants and they were performing their duties in that capacity only. The allegation is that while performing the duties the aforesaid officials have exceeded their powers and demolished the structure on the property belonging to the complainants after trespassing. The Chief Judicial Magistrate after obtaining the report has forwarded the complaint under Section 156(3) Cr.P.C to the SHO Bahu Fort for investigation. Court further observed that the Special Judge could not have taken the notice of the private complaint unless the same was accompanied by a sanction order, irrespective of whether the Court was acting at a pre-cognizable stage or the post cognizable stage, if the complaint pertains to a public servant who is alleged to have committed offence in discharge of his official duties. The High Court quashed the order passed by the Special Judge as well as the complaint filed against the appellant. With these observations, Court set-aside the order of CJM Jammu for registration of case.
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