ANAND MOOLYA Vs. K.R. BHANDARY

JUDGEMENT

(1.) THE respondent herein filed a complaint on 13.1.95 before the Court of Addl. Munsiff and J.M.F.C., Puttur, D.K. against the two accused persons alleging that they while working as Tahsildars in Puttur Taluk have committed offences punishable under Sections 166, 167, 204, 217, 218, 426 and 427 read with Section 34 IPC. The learned Magistrate after taking cognizance recorded the sworn statement of the complainant and directed issuance of process to the accused persons.

(2.) THE first accused questioned that order in Cr.P. 1976/98 and the second accused questioned that order in Cr.P. 1977/98. Since both these petitions arise out of the same order, after hearing both parties, they are disposed of by this order. Retain a copy of this order in each file.

(3.) THE learned Counsel for the petitioners submitted that the learned Magistrate ought to have dismissed the complaint on the ground that no sanction was obtained to prosecute these two petitioners who passed the orders while discharging their duties as public servants. Even if the entire complaint is read as a whole, no offence is made out as against these petitioners. Though the documents were produced before the Magistrate, they were not marked through witnesses when they were examined before Court. The requirement of the offences are not made out. Furthermore, the complaint is barred by time. Therefore, they submitted that the entire complaint is liable to be dismissed.