The court clarified the scope and application of Sections 195 and 340 of the Cr.P.C. in relation to offences committed by public servants in the course of their duties and the jurisdiction of courts to deal with such offences.

This application is laid under Section 340 of the Code of Criminal Procedure. The petitioners want a preliminary enquiry against the respondents and sanction of prosecution of them for certain offences. It is responded by a stiff resistence by the respondents. The respondents 1 to 4 are the police officers attached to Police Task Force, Hyderabad. Respondents 5 & 6 are the mediators they occupy the cadres from the lowest to the Assistant Commissioner of Police in the hierarchy of the department. Allegedly, on receiving reliable information on 10-9-94 at 8 p.m. that the petitioners and others were using Door No. 15-7-586, Begumbazar, Hyderabad as a common gaming house where people gather to play three cards with money as a game and chance, after obtaining search warrant from respondent No.3, the 2nd respondent with the assistance of respondents 1 and 4 who are police officers and 5 and 6 who are mediators, raised the club and detected the offences committed by the petitioners and others, seized the playing cards, cash of Rs. 7,239/-, furniture and thus registered Crime No. 150/94 under Sections 3 and 4 of A.P. Gaming Act, 1974 and issued FIR to the III Metropolitan Magistrate, Hyderabad against such persons. The petitioners are said to be the persons carrying on such unlawful activities in the said club. This petition is the outcome of such an event. The petitioners allege that Navneet Social Recreation Club is a registered society incorporated under the Societies Registration Act and it is permitted to carry on the activities of the club and organise international rummy and Bridge, that the respondents with an ulterior motive, foisted 27 false causes against the club wherein the accused persons have been acquitted, that respondents 1 to 4 having infuriated, falsely implicated several members of the club as accused persons by fabricating false information report, panchanama proceedings etc., The petitioner No.1 was dragged from the pial of a hotel on the main road by two constables at the instance of respondent No.1 and thus abused their powers and authority vested in them. It is alleged that the FIR is artificial, public records have been falsely got up by the respondents-police officers, the whole act of them is illegal and thereby, they committed the offences punishable under Sections 211 and 193 of the Indian Penal Code and also under Section 5(2) of the Prevention of Corruption Act. Since it was the duty of the petitioners to bring such an abuse of power of the Police Officers and their committing the offences as alleged, to the notice of this Court, petitioners filed this petition praying the Court to hold a preliminary enquiry against the respondents with a direction to prosecute them after obtaining the sanction. It is also pleaded that Cr.No.150/94 may be transferred to Anti Corruption Bureau for the purpose of investigation.

2. In the counter filed on behalf of respondents 1 to 6 except admitting the facts and events leading to registering Crime No. 150/94 against the members of such a club and others for the alleged offences, all the other allegations are denied. Such an action and the raid conducted by respondent No.2 with the assistance of respondents 1 to 4 and 6 after obtaining the search warrant from respondent No.3 has been justified as an act performed in accordance with law. It is contended by them that the present application is filed only to forestall the criminal proceedings initiated against the petitioners and others and therefore, it may be dismissed.

3. At the time of the arguments, Mr. Kasibhatla Rama Sarma, learned Advocate for the petitioners contended that since the offences alleged against the respondents are not cognizable and since they are alleged to have been committed in the course of the guise of performing the duties of public servants viz., police officers, neither the petitioners can send an FIR to the police station nor file a private complaint before the concerned Magistrate and the