Karnataka HC Sets Aside Order To Register Defamation Case Against Asst Commissioner For Shouting At Senior Lawyer, Calls It Quasi-Judicial Function

The Karnataka High Court has set aside an order of the Magistrate court directing the registration of a defamation case against the Assistant Commissioner of Kundapura who while discharging quasi-judicial function, allegedly acted erratically and became furious and shouted at a senior lawyer and a member of Kundapura Bar Association, appearing before him. Therefore, she could be treated as a Judge, as per definition of the word 'Judge' found in Section 2 of the said Judges Act.” He added, “Needless to emphasise that such an order passed by the Trial Magistrate ignoring the Section 3 of the Judges Act, 1985, has resulted in improper exercising of the jurisdiction vested in the Trial Magistrate calling for interference by this Court by exercising the revisional jurisdiction.” Further, he said that even assuming that sanction under Section 197 of Cr.P.C. The magistrate by order dated 12.08.2015 noted that sanction was not necessary to prosecute the present revision petitioner, took cognizance of the offences alleged against the revision petitioner and proceeded with the case. The petitioner argued that the Trial Magistrate took cognizance of the offences alleged against the revision petitioner herein without adverting to the Judges Act, 1985 which has resulted in a grave miscarriage of justice and sought to quash the order of taking cognizance.