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1978 Supreme(AP) 15

MADHUSUDHAN RAO
K. Brahmeswararao – Appellant
Versus
S. I. of Police – Respondent


MADHUSUDAN RAO, J.

( 1 ) THIS appeal is directed against the order passed by the learned Judicial Second Class Magistrate, Vinukonda in Crl. M. P. No. 86 of 77 in C. C. No. 62 of 77 on the file of his court. The appellant filed a complaint under Sections 343 and 347 I. P. C. against the respondents who are police officers. At the commencement of the trlai, the respondents Filed the Crl. M. P. 86 of 77 objecting to the trial of the caee on the ground that the court should not have taken cognigance of the offences except with the previous sanction of the concerned authority as required under Section 6 (1) (c) of the prevention OF CORRUPTION ACT, 1947. After due consideration of the objection raised by the respondents, the Magistrate allowed the petition and declined to proceed with the case any further.

( 2 ) IN allowing the petition, the learned Magistrate observed as follows: "the facts of the complaint petition as a whole, as well as the concluding allegation against the accused will certainly reveal the fact that the accused allegedly confirmed two persons in police lockup and demanded illegal gratification of about five sovereigns of gold for their release when the complainant an





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