MP High Court: Judicial Officers Cannot be Prosecuted Without Proof of Malafide Intent

MP High Court: Judicial Officers Cannot be Prosecuted Without Proof of Malafide Intent

  • Case Name: Kamlesh Chaturvedi v Saksham Adhikari Dwitiya Vyavhar Nyayadheesh

The Madhya Pradesh High Court has ruled that judicial officers cannot face criminal prosecution for acts performed in their official capacity unless there is clear evidence of malafide intent.

The case involved a petitioner alleging bias and conspiracy by a civil judge, an advocate, and a handwriting expert after his civil suit over land ownership based on a 1983 will was dismissed.

The Court quashed a criminal complaint against a magistrate, emphasizing that judicial decisions made in good faith are protected under Section 197 of the CrPC.

The Court further stated that judicial review via Articles 226 and 227 is only possible if cogent evidence suggests mala fide actions. 

Judgment Copy / a month ago

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