IMPORTANT POINT
The court clarified that the need for sanction under Section 197 Cr.P.C. is to be determined during trial, not at the quashment stage.

ORDER :

Venkata Jyothirmai Pratapa, J.

1. The instant petition under Section 482 of the Code of Criminal Procedure, 1973, [in short ‘Cr.P.C.’] has been filed, by the Petitioner/Accused No.5, seeking quashment of the proceedings against him in C.C.No.975 of 2019 on the file of the Court of V Additional Judicial Magistrate of First Class, Kakinada, for the offences under Sections 409, 420, 120B, 201, 203, 213, 217, 218 and 221 read with 34 of Indian Penal Code, 1860, [In short ‘I.P.C.’].

2. The contents of the complaint, in epitome, are as follows:

a. On 28.11.2016, Accused No.1 informed Accused No.3 that a known person offered an amount of Rs.1 Crore old currency notes, if they could provide Rs.90,00,000/- new currency notes and asked him to secure such amount of new currency notes. Accordingly, Accused No.3 secured an amount of Rs.26,66,000/- and prepared 29 bundles with white papers which were in the size of Rs.2,000/- new currency notes by keeping Rs.2,000/- notes on both sides of each bundle by utilizing an amount of Rs.1,60,000/-. Later, Accused No.3 kept an amount of Rs.25,00,000/- in a bag and kept the 20 bundles prepared by him in another bag and informed Accused No.1 as if he secured Rs.84,50,000/- of new currency notes.

b. That being so, on the evening of 04.12.2016, Accused Nos.1 to 3 left Machavaram in a car bearing No.AP 05 CM 7688, secured Accused No.4 at Narasapurapupegta and at about 6.30 p.m., when they reached to a vacant site near the Railway gate at Kovvada, Accused Nos.5 to 8, who were present there in plain clothes, stopped them, checked the bags and videographed the bags with a mobile.

c. Accused No.1 discussed with the Police by disclosing that the cash in both the bags is an amount of Rs.84,50,000/- and entered into an agreement with Accused Nos.5 to 8, handed over Accused No.4 along with the car bearing No. AP 05 CM 7688 and the cash bag containing an amount of Rs.25,00,000/- to Accused Nos.5 to 8 near Indrapalem Police Station.

d. On the intervening night of 4/5.12.2016 at 12.30 a.m., Accused No.5, who is the Reserve Inspector, Traffic-I Police Station, Kakinada handed over Accused No.4, car bearing No.AP 05 CM 7688, along with cash of Rs.18,00,000/-, small and big size Samsung mobiles with a written report at Indrapalem Police Station. Police registered the said report as a case in Crime No.244 of 2018 against Accused Nos.1 to 4 initially.

e. After completion of due investigation, having found the complicity of Accused Nos.5 to 8 in the above crime, Police filed charge sheet against Accused Nos.1 to 8 for the offences under Sections 409, 420, 120B, 201, 203, 213, 217, 218 and 221 read with 34 IPC and the same was numbered as C.C.No.975 of 2019 on the file of the Court of V Additional Judicial Magistrate of First Class, Kakinada.

Grounds Sought for Quashment:

3. Aggrieved by the registration of the said case, Petitioner/Accused No.5 filed the present petition seeking quashment of the proceedings against him on the following grounds :

a. Petitioner is falsely implicated in the present case, though none of the provisions of the said offences attract against him.

b. There was no question of any amount of Rs.84,50,000/- as alleged Respondent No.2/Complainant to account for by the Petitioner.

c. No amount has been seized from the Petitioner and if really any allegation of corruption arises against the Petitioner, the proceedings under Prevention of Corruption Act can only be registered against him.

d. Petitioner is a Government servant and the alleged transaction was on the instructions of his higher authorities and while discharging his duties. Therefore, without prior permission, any prosecution against the Petitioner is illegal and therefore, the proceedings are liable to be quashed against the Petitioner.

Arguments advanced at the Bar

4. Heard Sri K.B.Ramanna Dora, learned counsel for the Petitioner and Sri P.M.Mithileswara Reddy, learned Assistant Public Prosecutor for Respondent Nos.1 and 2.

5. Learned Counsel for th