LAWS(APH)-2017-2-38

B. GUNASEKHAR BABU Vs. STATE OF A.P.

Decided On February 09, 2017
B. Gunasekhar Babu Appellant
V/S
STATE OF A.P. Respondents

JUDGEMENT

(1.) The revision petitioner is the Inspector of Police, who is none other than Accused No.8 in C.C.No.98 of 2013, an outcome of Crime No.15/RCO-ACB-KNR/2011, registered on 14.12.2011 for the offences punishable under Sections 13(1)(a) and (d) of the Prevention of Corruption Act, 1988 (for brevity "the Act") and Sections 34 and 120-B of Penal Code, which is based on occurrence report of the Deputy Superintendent of Police, Anti-Corruption Bureau (ACB), Kurnool, from a surprise check conducted on 13.12.2011 by intercepting a TATA Victa vehicle belonging to the officials of Excise Department and Rs.3,62,640.00 seized from them under the cover of panchanama and the source of money could not be explained by the officials as that was suspected to be the amount collected towards bribe for favouring the owners of Wine Shops, in registering the above crime and from the investigation, including on the searches conducted and seizures effected, the ACB officials filed the final report that was taken cognizance for the offences referred supra by the learned Special Judge for Trial of SPE and ACB Cases, Kurnool.

(2.) It is thereafter on supply of copies to the accused and in the course of hearing on charges, the petitioner/A.8 filed Crl.M.P.No.254 of 2015 in C.C.No.98 of 2013 under Sec. 239 Crimial P.C., seeking for his discharge, saying that the investigation and the cognizance order of the Special Judge are unsustainable and baseless for there are no grounds to frame any charge against him, in particular.

(3.) It is after contest, by the impugned order dated 011.2015 in Crl.M.P.No.254 of 2015 in C.C.No.98 of 2013, the learned Special Judge dismissed the discharge petition and the same is the subject matter in the present Criminal Revision Case.