KONKATI NARAYANA Vs. BALAKANTI VEERAYYA

JUDGEMENT

(1.) This is a petition to revise the order of the First Class Magistrate, Gadwal, overruling the preliminary objection raised on behalf of the accused-petitioners that the complaint filed against them for an alleged offence of mischief punishable under Section 427, I.P.C., cannot be taken cognizance by the Court except with the previous sanction of the State Government, as provided by Section 197, Cr. P. C.

(2.) One, Balakanti Veerayya, filed a complaint before the First Class Magistrate, Gadwal, against the 12 petitioners alleging that he had constructed a flight of stairs in front of his house leading up to the terrace after obtaining the requisite permission from the Panchayat of Maldakal village, that the petitioners who were opposed to him, with the bad intention of causing loss and damage to him, and taking advantage of the absence of the inmates of the house, had, on the morning of 17-9-1957, demolished the stairs and thereby caused him a loss of Rs. 100.00, and that they are, therefore, liable for an offence under Section 427, I.P.C. The complainant further alleged that he bad strong evidence to substantiate his case.

(3.) The case of the petitioners is that the complainant had constructed the stairs without the sanction of the Panchayat Committee & that, as the said construction was causing inconvenience to the public, the Panchayat Committee had issued a notice to the complainant to remove the stairs within a specified period and since he had failed to do so, the Panchayat Committee had directed the unauthorized construction to be removed, and the petitioners had removed the obstruction by destroying the stairs in pursuance of the directions given by the Panchayat Committee, and that the act of the petitioners was one done in the discharge of their official duty and, therefore, they are protected by the provisions of Section 197, Cr. P. C. The lower Court overruled this objection; hence this revision.