KONDALAGUTTA CHINNI KRISHNAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Two petitions have been filed - one to quash the proceedings in C.C. No. 438 of 1995 on the file of II Metropolitan Magistrate. Visakhapatnam and another to transfer the same to some competent Court in Prakasam District. The transfer application is not pressed and as such, it is dismissed.

(2.) Sri C. Padmanabha Reddy, learned senior counsel appearing for the petitioner, who is accused No. 3 in the above criminal case, submits that the third accused being a public servant within the meaning of Section 21 of Indian Penal Code and is accused of issuing a false report basing upon which the Mandal Revenue Officer (A2) has issued a certificate that A-1 belonged to Yerukala caste (Scheduled Tribe) was discharging his duties connected with his office as Revenue Inspector and as such, any accusation against him should be preceded by valid sanction under Section 197 Criminal Procedure Code and admittedly, in the instant case, such a sanction is lacking and as such, the prosecution is liable to be quashed.

(3.) Mr. M. A. Rasheed, learned Additional Public Prosecutor submits that the criminal petition is not maintainable for the reason that already another criminal petition to quash the prosecution was filed in Cri. P. No. 3281 of 1996 and the same was dismissed by the Division Bench of this Court by order dated 27-11-1996.