Government to take appropriate action

t in Deelip Sonawne Vs State of Maharashtra (2003) 2 Mh. L.J. 629, it is ruled as under; “10. So far as the respondent No. 2 is concerned, he is claiming protection under the provisions of the Judges (Protection) Act, 1985. The said Act is applicable to the Judges which includes a person who is empowered by law to give a judgment in any legal proceedings. Under Section 3(1) of the said Act it is provided that no Court can entertain a civil or criminal proceeding against any person who is or was a Judge for any act, thing or word committed, done or spoken by him when, or in the course of acting or purporting to act in the discharge of his official or judicial duty or function. However, Sub-section (2) of Section 3 empowers the respective Government or the Supreme Court or the High Court or any other authority to take such action whether by way of civil, criminal, or departmental proceedings or otherwise against any person who is or was a Judge. As per the finding of the Sessions Court the petitioner was wrongfully and illegally confined for five days in Chapter Case No. 43 of 1994 which amounted to an offence under Section 342 of IPC. We are also of the view that the Respondent No. 2 was acted illegally without following the procedure under the provisions of Cr.P.C. before confining the petitioner to jail. In the circumstances, we direct the 54 State Government to take appropriate action against the Respondent No. 2 for his wrongful and illegal act.”