G. AUDISESHAIAH Vs. STATE OF A.P.

JUDGEMENT

(1.) THIS Crl. Rev. Case is directed by the petitioner/accused against the order dated 11.08.2006 in Crl. M.P. No. 515 of 2006 in C.C. No. 26 of 2005 passed by the learned Special Judge for SPE & ACB cases, Nellore refusing to accord consent under Section 321 Cr.P.C. to the Public Prosecutor to withdraw the case against the Accused Officer (AO) who was facing charges under Sections 7 and 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988 (for short P.C. Act) on the allegation that he being a Senior Accountant in the office of District Treasury Office, Nellore, a public servant, demanded and accepted bribe of Rs. 2,000/ - from the complainant, who is an Assistant Executive Engineer, R & B Quality Control, Sub -Division, Nellore for passing the bill of increment arrears on 11.01.2005 and successfully trapped by the ACB officers on the complaint given by the complainant.

(2.) THE Special Public Prosecutor filed petition before the trial Court seeking consent to withdraw the case against AO on the ground that the Government, on the petition moved by the AO, issued G.O.Ms. No. 417 dated 25.11.2005 cancelling its earlier orders issued in G.O.Ms. No. 187 Finance (Admin -III) department dated 26.07.2005 according sanction for prosecution of the AO, observing that ends of justice would be met if the AO is placed on his defence before the Tribunal for disciplinary proceedings instead of prosecution and also departmental action. The Government wanted to withdraw the prosecution and issued orders in Memo No. 1764 -B/30/A1/Admin -III/2005 dated 29.01.2005 and placed AO on defence before the Tribunal for disciplinary proceedings to enquire into the allegations of corruption. The Special Public Prosecutor submitted that in view of the consequent orders issued by the Director General, Anti Corruption Bureau (ACB), Hyderabad in R.C. No. 6/RCT -NNL/2005 dated 10.04.2006 requesting the Special Public Prosecutor to file petition under Section 321 Cr.P.C. before the trial Court, he filed the petition and sought for the consent of the trial Court as required under Section 321 Cr.P.C.

(3.) HEARD arguments of Sri Pradyumna Kumar Reddy, learned counsel for petitioner/AO and Sri Ghani A Musa, learned Special Standing Counsel for ACB (Spl. S.C.).