SURENDRA KUMAR BHATIA versus KANHAIYA LAL & ORS.

SURENDRA KUMAR BHATIA versus KANHAIYA LAL & ORS.

Collector/Land Acquisition Officer/Special Officer making award under Land Acquisition Act acts administratively and is not a Judge as defined under Section 19 IPC; is not entitled to immunity under Section 77 IPC. The High Court erred in quashing FIR against Special Officer on grounds of immunity. FIR against respondents 1 and 2 rightly quashed as allegations did not disclose offences under IPC Sections 420, 467, 468, 471 concerning them.

Parties
Appellant: Surendra Kumar Bhatia; Respondent: Kanhaiya Lal; Complainant: Deputy Housing Commissioner of Rajasthan Housing Board; Represented Parties: Milind Kumar, Aruneshwar Gupta, Mukul Kumar and P.O. Sharma
Jurisdiction
India
Judgment Date
30 January 2009
Procedural Posture
Criminal Appeal / Appeal From Final Judgment and Order of High Court, Rajasthan (criminal Misc. Petition No. 1552 of 2005)
Outcome
Appeal partly allowed
Legal Topics
Immunity of Public Officers, Quashing of FIR, Land Acquisition, Judicial Function Definition, Penal Code Offences
Criminal Law Administrative Law Immunity of Public Officers Quashing of FIR Land Acquisition Judicial Function Definition Penal Code Offences

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Parties

Surendra Kumar Bhatia

Appellant

Kanhaiya Lal

Respondent

Deputy Housing Commissioner of Rajasthan Housing Board

Complainant

Milind Kumar, Aruneshwar Gupta, Mukul Kumar and P.O. Sharma

Represented Parties

Procedural Posture

Criminal Appeal / Appeal From Final Judgment and Order of High Court, Rajasthan (criminal Misc. Petition No. 1552 of 2005)

Legal Issues

  1. 1 Whether Collector/Land Acquisition Officer/Special Officer making an award is entitled to immunity under Section 77 IPC
  2. 2 Whether allegations in the FIR constitute offences under Sections 420, 467, 468 and 471 IPC

Ratio Decidendi

Collector/Land Acquisition Officer/Special Officer making award under Land Acquisition Act acts administratively and is not a Judge as defined under Section 19 IPC; is not entitled to immunity under Section 77 IPC. The High Court erred in quashing FIR against Special Officer on grounds of immunity. FIR against respondents 1 and 2 rightly quashed as allegations did not disclose offences under IPC Sections 420, 467, 468, 471 concerning them.

Court Disposition

Appeal partly allowed

Orders

  • Quashing of FIR against respondents 1 and 2 upheld
  • Quashing of FIR with reference to Special Officer set aside