RAVURI SIVA PRASAD Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The revision petitioner is A.1 before the Special Judge for SPE & ACB cases-cum-II Additional District and Sessions Judge, Nellore in C.C.No.13 of 2011.

(2.) The petitioner is working as a Senior Assistant in the Prakasam District Milk Producers Mutually Aided Co-operative Union Limited (the Union, for short), Ongole. A charge sheet was laid against the petitioner being arrayed as A.1 and the other accused being A.2 alleging that the petitioner received Rs.5,000/- from Kum. Ramee Begum on 05.03.2007 as bribe. A complaint was lodged by Kum. Ramee Begum against the accused. A charge sheet was subsequently laid against the petitioner alleging that the petitioner committed the offences under Section 13 (2) read with Section 13 (1)(d) of the Prevention of Corruption Act, 1988 (the Act, for short). A.2 is prosecuted for the offence u/s.12 of the Act. The petitioner/A.1 filed the petition for his discharge contending that the petitioner is not a public servant within the meaning of Sec.2 (c) of the Act and that the Act has no application so far as the petitioner is concerned. The trial Court held that the question whether the petitioner is a public servant or not would be decided after conclusion of the trial and not at the stage of preliminary hearing. So holding, the trial Court dismissed the application.

(3.) In this revision, the learned Standing Counsel for ACB took a preliminary objection that Section 19 (3)(c) prevents the filing of a revision and that the very revision, therefore, is liable to be dismissed. Sec.19 of the Act deals with previous sanction for prosecuting a public servant. Section 19 (3)(c) reads: