PALETI ANIL BABU Vs. STATE OF AP

JUDGEMENT

(1.) Paleti Anil Babu, the then Sub-Inspector of Police, Ponnur Rural P.S. filed the present Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter, in short, referred to as 'Code' for the purpose of convenience) to quash the proceedings in S.T.C.No, 169/99 on the file of II Addl. Junior Civil Judge-cum Judicial First Class Magistrate, Bapatla and also to pass such other suitable orders.

(2.) The case of the petitioner is that a case was registered against the petitioner under Section 187 of the Indian Penal Code (hereinafter, in short, referred to as 'I.P.C') for not assisting the Assisting Sessions Judge, Bapatla, in the service of summons to witness and administration of Justice in connection with the cases in S.C.Nos.758/ 98 and 759/98 on the file of Assistant Sessions Judge, Bapatla, The same was registered as S.T.S.No. 169/99 on the file of II Addl. Junior Civil Judge - cum - Judicial First Class Magistrate, Bapatla and inasmuch as the matter was posted for appearance of petitioner - the then S.I. of Police, Ponnur Rural Police Station, the present Criminal Petition is filed to quash the proceedings.

(3.) Sri G. Pedababu, the learned counsel representing the petitioner would maintain that without obtaining sanction under Section 197 of the code the prosecution cannot be further proceeded with. The learned Counsel also placed strong reliance on the decision of this Court in Pisupati Venkata Ramanaiah v. Shaik Khasam Peera, Sub-Inspector of Police and another.