Madurai, Sep 2 : The Madras High Court Bench here today held that judicial officers could not be prosecuted for any wrong judgement as they enjoyed legal immunity in respect of their judicial work.
Justice K Chandru made the observation while dismissing a writ petition seeking sanction to initiate prosecution against a Judicial Magistrate and an Additional District Judge for a 'wrong' judgement resulting in imprisonment of the petitioner.
The judge said judicial officers had been given protection by Judicial Officers' Protection Act, 1850. The Petitioner, by filing a criminal case against the judicial officers for having discharged their judicial work, could not invoke the provisions of the Criminal Procedure Code to prosecute them.
The petitioner had already failed to get sanction for prosecution (of judicial officers) from lower courts and hence could not approach this court with a prayer for the same.
If the petitioner felt that he was maliciously prosecuted, the remedy open to him was to sue the persons who were in charge of investigation and prosecution and not the judicial officer who determined the case.
There was hirerchy of courts to correct the errors committed the lower judiciary and the petitioner himself was a beneficiary of revisional powers of the high court, he said.
The Judge said the only way the peititioner could seek some relief was to complain to the Chief Justice against such judicial officers who had acted injudiciously in any matter.
Petitioner J.Selvaraj submitted that a magistrate convicted and sentenced him on the charge of mischief and criminal intimidation. On appeal, the Sessions Judge modified the sentence. But, the high court acquitted him. - Agencies