KARANAMVENKATARAMANAPPA Vs. STATE OF A P

JUDGEMENT

(1.) This petition is filed under Section 482, Cr.P.C. for quashing the proceedings in Special S.C.No. 28/97 on the file of the I-Additional District and Sessions Judge, Chittoor.

(2.) The above said case is registered on the basis of a complaint given by the de facto complainant alleging that when he went and sought a land certificate relating to a particular land for digging a well, the petitioner herein who is the Village Administrative Officer demanded bribe and when he refused to pay such bribe, he abused him by his caste name and necked him out from his house and that therefore he is guilty of the offences under Section 324, IPC and Section 3(X) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act'). In view of such complaint and evidence secured, the police filed a charge-sheet for the offences under Section 324, IPC read with Section 3(X) of the Act. The present petition is filed for quashing the above said proceedings mainly on the ground that the sanction as contemplated under Rule 22 of the A.P. Village Administrative Officers' Service Rules, 1990 is not obtained from the concerned authorities in prosecuting the petitioner, who is the Village Administrative Officer and that therefore, the proceedings are liable to be quashed. The offence alleged against the petitioner is not that the petitioner refused to give a certificate when demanded by the de facto complainant But the allegation against the petitioner is that he abused the de facto complainant by using the caste name and as such, he is guilty of the offences under the relevant provisions of Section 324, IPC read with Section 3(X) of the Act. When such an offence is alleged to have been committed by the petitioner, it cannot be said that he has committed the same in discharging his normal duties as the Village Administrative Officer. In the circumstances, no sanction is required under Rule 22 of the A.P. Village Administrative Officers' Service Rules, 1990. Further, whether the allegations made against the petitioner are true or false can be decided only during the' trial of the case. There is prima facie material to show that the petitioner is guilty of the alleged offence and hence the proceedings cannot be quashed.

(3.) For the reasons stated above, the petition is dismissed at the admission stage.