The necessity for prior sanction in prosecuting public servants hinges on whether the alleged acts occur within the scope of their official duties, which is a factual determination.

JUDGMENT /ORDER :

This criminal petition has been filed under Section 482 of the Code of Criminal Procedure, 1973, by the petitioners/A1 and A2 seeking quashment of the Proceedings in CC No.143 of 2020 on the file of the Court of Judicial First Class Magistrate, Pithapuram, East Godavari District, against them.

2. The brief facts of the case, as per the charge-sheet allegations, are that :

(a) Complainant is an Advocate by profession and her husband is a retired V.R.O. and both have established a Society under the name and Style Anti-Corruption People Awareness Society, vide Registered No.477/2013 and they filed PIL No.209 of 2015 before this Court for grant of pattas to the pending beneficiaries in Jaggayyacheruvu Area, Pithapuram by the Revenue Authorities.

(b) A1 (Tahsildar) and A2 (Inspector of Police), bore grudge on this issue against the complainant and her husband as the order of this Court would defeat their rights. While so, on the date of offence i.e., 18.01.2016 at about 5.00 p.m., the complainant, her husband and others were discussing about the non-implementation of the orders passed by this Court in the above PIL, A1 and A2 trespassed into the scene of offence alongwith their subordinates. A1 shouted in loud voice on them and A2 high handedly caught hold the collar of LW1 (P.V.S.S.S. Chandra Murthy) and questioned that whether any permission obtained to conduct meeting at the scene of offence for which the complainant and her husband replied that it is not a meeting but it is a gathering in private premises.

(c) A2 abused LW1 (P.V.S.S.S. Chandra Murthy) in filthy language and slapped him and dragged him outside for which the complainant obstructed A2 for which, A2 slapped her and abused her in filthy language. Complainant took treatment in Government Hospital, Pithapuram and filed a private complaint on 18.06.2016 against A1 and A2 for the offences punishable under Sections 447 , 323, 354, 426 and 506 read with 34 IPC.

(d) Learned Judicial First Class Magistrate, Pithapuram, East Godavari District recorded the sworn Statement and numbered the case as CC No.143 of 2020 against A1 and A2.

(e) Seeking the quashment of the C.C. the present petition is filed.

3. Heard Sri K.B. Ramanna Dora, learned Counsel for petitioners/A1 and A2, Sri K. Sandeep, learned Assistant Public Prosecutor for respondent No.1/State and Sri R. Yella Reddy, learned Counsel for respondent No.2.

4. Learned Counsel for the petitioners would submit that petitioner No.1/A1 is a Tahsildar and petitioner No.2/A2 is an Inspector of Police and both are public servants. Respondent No.2/complainant is an Advocate by profession and her husband is a former VRO and after his retirement, he has constituted a registered Society under the name and style "Anti-Corruption People Awareness Society" and under the guise of the said Society, respondent No.2 and her husband are in the habit of cheating public, threatening public servant and black mailing them and collecting amount from the public. Learned Counsel further submits that the husband of respondent No.2 filed PIL No.209 of 2015, which was disposed of by this Court on 12.08.2015 directing to consider the applications of the petitioners for granting house patta and pass orders as per their eligibility.

5. Learned Counsel further submits that on 18.01.2016, petitioner No.1/Tahsildar having credible information about illegal act of respondent No.2 and her husband calling the innocent public to their house in the name of conducting a meeting and collecting amount from them on the pretext of granting house site pattas showing some list that hous