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V. SUJATHA
K. Rama Subbaiah – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
V. Sujatha, J.
This criminal petition is filed under Section 482 of Criminal Procedure Code (for short “Cr.P.C.”) to quash the complaint in C.C.No.380 of 2018 on the file of the Judicial First Class Magistrate at Dhone, registered for the offences punishable under Sections 323, 342 and 177 of Indian Penal Code (for short “I.P.C.”).
2. Petitioner herein is the accused. Respondent No.2 is the complainant. Respondent No.2 filed a complaint before the Judicial First Class Magistrate, Dhone alleging that himself, his mother and brothers filed a suit before the Junior Civil Judge's Court at Dhone on 22.09.2017 in O.S.No.443 of 2017 for permanent injunction and also filed an I.A.No.527 of 2017 for temporary injunction against one Golla Jonnagorla Kistanna and 2 others, wherein interim injunction was granted in his favour, on serving the said order to the opposite party, they appeared through counsel namely one M. Nagabhushan Reddy and took time for filing counter and the written statement in the said case, therefore, the said case was posted from 24.10.2017 to 29.11.2017. During pendency of the said interlocutory application, on 26.10.2017 the respondents therein highhandedly trespas
The court emphasized that the requirement for sanction under Section 197 of Cr.P.C. is a matter to be determined at trial, and inherent powers under Section 482 cannot quash proceedings based solely ....
The court emphasized that the necessity for prior sanction under Section 197 Cr.P.C. must be evaluated in the context of the trial, and allegations of misconduct by public servants do not automatical....
Point of Law : Alleged indulgence of the officers in cheating, fabrication of records or misappropriation cannot be said to be in discharge of their official duty - Their official duty is not to fabr....
The protection under Section 197 Cr.P.C. is not available to public servants who commit offenses that are not connected with the discharge of their official duties or who act in excess of their autho....
Protection under Section 197 Cr.PC is essential for public servants to prevent frivolous prosecutions arising from actions taken in the course of official duties.
(1) Sanction for prosecution of public servant – The provision must not be abused by public servants to camouflage commission of a crime under supposed colour of public office – While deciding issue ....
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