Section 7 and 13(2) r/w 13 (1)(d) of Prevention of Corruption Act, 1988 (for short P.C Act) &Section 321 Cr.P.C - When once the Government have applied its mind and issued sanction, it cannot withdraw the sanction on a lame pretext of proceeding with department action against a charged public servant. the competent authority who issued sanction proceedings cannot exercise its power either under Section 19 of P.C. Act or under Section 21 of the Central General Clauses Act or Section 15 of the A.P. General Clauses Act to withdraw the sanction. I endorse the same view. Therefore, in the instant case the Government was not justified in withdrawing the sanction.-2015 Telangana &A.P. MSK LAW REPORT

the prosecution case against the
accused who is charged under Section 7 and 13(2) r/w 13 (1)(d) of
Prevention of Corruption Act, 1988 (for short P.C Act) is that the
complainant was a conductor in APSRTC, Nellore Depot and accused was  
the Sub-Inspector of Police, Women P.S, Nellore during relevant time and
in respect of the complaint given by Swaroopa Raniwife of complainant,
AO initially demanded Rs.2,000/- as bribe from the complainant for not
taking action on the petition of his wife and on the request of the
complainant he reduced the bribe amount to Rs.1,000/- and on 17.02.2006 at
about 9:30 am at mechanic bunk situated opposite to Nippo Batteries
Factory, Nellore, the accused was caught red-handed while accepting illegal
gratification of Rs.1,000/- from the complainant and hence facing the
charges for the offences stated supra.
b)      The trial Court framed charges and matter is coming up for trial.
c)      While-so, learned Public Prosecutor at that stage filed petition under
Section 321 Cr.P.C submitting that the AO approached Government and
made a representation to drop the criminal case and Government considered
his representation and issued order in G.O.Ms.No.272/SC.A-3/2006-5 dt:
06.07.2007 (Home (SC.A) department) cancelling the sanction order earlier
issued under G.O.Ms.No.272/SC.A3/2006-3 dated 22.09.2006 of Home  
(SC.A) department on the ground that it would meet the ends of justice if the
AO were to face departmental action and in turn, D.G, ACB, A.P issued a
memo vide Rc.No.38/RCT-NNL/2006 dated 01.10.2007 requesting the  
Spl.P.P, ACB to file petition under Section 321 Cr.P.C and therefore, he was
filing the said petition. Learned Special Judge after thorough enquiry
dismissed the petition on the following observations:
         In the withdrawal order the Government has not shown reasons as to
why it came to conclusion to withdraw the criminal case against AO and to
institute departmental action. It is not mentioned as to what material the
Government have collected to conclude to withdraw the case and no such
material is placed before the Court. Learned Spl.P.P simply filed a petition
basing on the orders of the Government without applying his mind and
without showing any grounds for withdrawal of the case. He has not shown
any grounds which will further the ends of justice, public order and peace.
          Hence the revision.-2015 Telangana &A.P. MSK LAW REPORTS

Popular posts from this blog

Sec.20 of C.P.C - Territorial Jurisdiction - suit for recovery of money based on Contract - As per the admitted plaint averments, the office of the defendants is located in Pargi, the offer made by the petitioner was accepted at Pargi, the contract was entered between the petitioner and the respondents at Pargi and the same was executed within the jurisdiction of the Court at Pargi.- Plaint returned with objection - as an after thought added the acceptance of contract was received at Malkajgiri - Trail court returned the plaint to file in proper court - Revision - Their Lordships held that if filing of suit is based on making of a contract, the cause of action arises at the place where the offer is accepted and if the suit is based on termination of a contract, the cause of action arises at the place where such termination order is received. Admittedly, the suit is based on making of a contract and not on termination of the contract.- dismissed the revision - 2015 Telangana & A.P. msklawreports

Sec.482 Cr.P.C. - Section 8 of the Andhra Pradesh Public Examination (Prevention of Malpractice and Unfair Means) Act, 1997 - Part B question Paper was missed ( said to be distributed to A1 along with other students by A2 an invigilator ) - Charge - she was negligent in performing the invigilation duties. - Their Lordships held that Mere negligence in performing invigilation duties, does not attract the offence set-forth in the Act. Therefore, in absence of any allegation that the petitioner herein has committed the offence set out in Section 5 of the Act, she cannot be subjected to prosecution for which the penalty has been provided under Section 8 of the Act.- Quashed the criminal proceedings - 2015 Telganga & A.P. msklawreports

Section 5 of Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 read with Rule 9(1)(a)(i), (ii) and (iii) of the Rules of 1989. - Powers of Revenue Court - Petitioners are the legal heirs of Late Sri A. Penta Reddy and respondents 1 to 3 are the brothers of Penta Reddy - Petitioners claimed as Separate Property - Brothers/Respondents claimed as Joint family Property - MRO held summary enquiry and held that it is Joint family Property - No Appeal to RDO - after the lapse of 12 years filed Revision directly to Joint Collector - JC. dismissed the revision - this Writ - Their Lordships held that in the absence of any suit for Declaration of title after receiving Rule 9 notice with in 3 months, the MRO can decide the dispute summarily - since no appeal is filed nor any suit is filed in any court - the orders of MRO can not be challanged after the lapse of 12 years - dismissed the revision - -2015 Telangana & A.P. MSKLAWREPORTS