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2015 Supreme(SC) 346

KURIAN JOSEPH, ADARSH KUMAR GOEL
Inspector of Police – Appellant
Versus
Battenapatla Venkata Ratnam – Respondent


Judgment

KURIAN, J.

1. Whether sanction under Section 197 of The Code of Criminal Procedure, 1973 (hereinafter referred to as ‘CrPC’) is required to initiate criminal proceedings in respect of offences under Sections 420, 468, 477A, 120B read with 109 of the Indian Penal Code (45 of 1860) (hereinafter referred to as ‘IPC’), is the question arising for consideration in these cases.

2. The District Registrar, Vijayawada lodged a complaint with the Inspector of Police, CBCID Vijayawada on 07.07.1999. The main allegation against the respondents was that while they were working as Sub-Registrars in various offices in the State of Andhra Pradesh, they conspired with stamp vendors and document writers and other staff to gain monetary benefit and resorted to manipulation of registers and got the registration of the documents with old value of the properties, resulting in wrongful gain to themselves and loss to the Government, and thereby cheated the public and the Government.

3. On the basis of the complaint, F.I.R. No. 35/1999 was registered by the appellant, and after investigation, report under Section 173(2) CrPC against 41 persons including the respondents herein, was submitted before the















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