K CH PRASAD Vs. J VANALATHA DEVI

JUDGEMENT

(1.) THE petitioner was the third accused in CC 129/82 on the file of the XVII Metropolitan Magistrate, Hyderabad. He was working as Manager, Andhra Bank, Brodipet, Guntur. In the case filed against him he filed Criminal Miscellaneous Petition 128/82 stating that the prosecution filed against him is not maintainable in the absence of sanction obtained from the Government to prosecute him. THE Magistrate has rightly stated that though because Andhra Bank is since nationalised, the petitioner may be a Government servant, but he is not removable from service either by the State Government or the Central Government in which case alone there was a necessity to obtain prior sanction to prosecute. THE revision has no merits and is accordingly dismissed vacating the interim stay earlier granted by this Court on 3-5-1983.

(2.) PETITION dismissed.