PISUPATI VENKATA RAMANAIAH Vs. SHAIK KHASIM PEERA

JUDGEMENT

(1.) This is an appeal preferred by the de facto complainant against the judgment of acquittal passed by Judicial Magistrate of First Class, Special Mobile Court, Ongole in C.C.No.107 of 1994, dated 02-11-1995, whereby the 1st respondent has been acquitted of the charge levelled against him under Section 167 I.P.C.

(2.) The appellant laid the complaint against the 1st respondent, who was the the then Sub-Inspector of Police, Santhanuthalapadu Police Station, Prakasam District alleging that the 1st respondent while submitting the charge-sheet against him under Section 354 I.P.C. in C.C.No.236 of 1991 has mysteriously and wrongfully shown him as absconding, though he was regularly attending his school in Rudravaram as Headmaster. Thus, he has falsely prepared the record, though knowing that the appellant was staying in his residence and attending his duties.

(3.) The learned trying Magistrate acquitted the accused inter alia on the ground that the appellant did not produce sanction to prosecution the 1st respondent from his employer as required under Sections 193 and 197 of Code of Criminal Procedure.