A bench of justices S Ravindra Bhat and S P Garg directed the trial court to go ahead with the hearing of a woman's compliant for lodging a criminal case against a sitting judge for allegedly confining her illegally and molesting her.
The bench, however, directed the trial judge to obtain the sanction of the high court's chief justice if he recommends for lodging of an FIR against the judge.
"The Criminal Procedure Code, does not mandate that the permission of this court is required first to proceed with a complaint case disclosing commission of cognisable or non-cognisable offence.
"The only bar to protect the independence of the judiciary is that there can be no registration of an FIR against a judicial officer without seeking the permission of the chief justice of this court," the bench said.
The high court gave the ruling, setting aside th trial court order directing the woman to seek permission from high court to proceed with her complaint case against the judge. (MORE)