DESIRAJU SUBBA RAO Vs. M V VENKATA REDDY

JUDGEMENT

(1.) In this revision petition, the petitioner asserts that sanction of prosecution under section 197, Cr.P. Code, is not necessary.

(2.) The petitioner is the manager and correspondent of an aided elementary school in Lalapet, Guntur. He filed a complaint against the respondent, who is District Educational Officer alleging that the respondent snatched his bag containing the promissory note executed in his favour by one Seetaramayya and some books containing personal papen andalso a sum Rs. 50 which was paid by Seetharamayya towards part payment and the respondent took away the bag with all the contents even without passing receipt and when the petitioner attempted to resist the respondent's act of snatching, the respondent pulled him violently causing him to fall and as a result of the fall, the petitioner sustained injuries and thus the respondent committed offences punishable under sections 379 and 350, I.P.C.

(3.) On receipt of the summons issued by the Magistrate, the respondent appeared and filed a petition, Crl. M. P. No 120 of 1972, contending that the complaint is not maintainable without the sanction of the State Government under section 197, Cr.P. Code. He denied the allegations made by the petitioner in his complaint and contended that he visited the school in discharge of his official duties as he received information that the petitioner was collecting fees from the pupils and caught the petitioner red-handed with account book of collections, which was on the table.