THOTA NAGARAJU Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This criminal revision case is filed challenging the Order dtd. 18/7/2023 passed in Crl.R.P.No.1 of 2023 by the learned Sessions Judge, Khammam, wherein and whereby the learned Sessions Judge set aside the Order dtd. 30/11/2022 passed in Crl.M.P.No.766 of 2022 in C.C.No.2650 of 2022 by the learned II Additional Judicial Magistrate of First Class, Khammam, discharging the revision petitioner / A.42 from the proceedings in C.C.No.2650, for the offence punishable under Sec. 166 IPC.

(2.) Heard Sri C.Sharan Reddy, learned counsel for the petitioner, Ms.Madhavi, learned Assistant Public Prosecutor representing the State-1st respondent and Sri Mummaneni Srinivasa Rao, learned counsel for the second respondent and perused the record.

(3.) Succinctly the factual matrix is that the petitioner herein was arrayed as accused No.42 in C.C.No.2650 of 2022 on the file of the Court of the II Additional Judicial Magistrate of I Class, Khammam, registered for the offences punishable under Sec. 166 IPC, on the complaint lodged by the second respondent herein. The second respondent filed a private complaint against the petitioner / A.42 along with 41 accused for the offences punishable under Ss. 143, 149, 166, 294 (b), 323, 324, 427, 447 and 506 r/w 34 and 109 IPC. The trial Court took cognizance of the said offences and issued process to all the accused. The petitioner filed Crl.M.P.No.766 of 2022 in C.C.No.2650 of 2022 seeking to discharge him on the ground that he is a public servant and sanction is required to prosecute him. That petition was opposed by the second respondent herein stating that the petitioner failed to discharge his duty as a public servant and facilitated the other accused in commission of the alleged offences by maintaining stoic silence without initiating any proceedings against them and as such no sanction is required to prosecute the petitioner and there is evidence in abundance to connect the petitioner with the crime. The second respondent further contended that if at all such sanction is required, it can be obtained at any stage during the course of trial.