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1990 Supreme(Mad) 991

IMMANENI PANDURANGA RAO, M.N.RAO, N.D.PATNAIK
Advocate General, A. P. Hyderabad – Appellant
Versus
Rachapudi Subba Rao – Respondent


Advocates Appeared:
For the Petitioner:Advocate General and Govt. Pleader.
For the Respondent:Rachapudi Subba Rao, Advocate.

Judgment :

M. N. RAO, J.

This is the second Full Bench to hear these contempt cases. In 1987 a Full Bench of this Court presided over by P. A. Choudary, J. heard these cases. The hearing was completed on 6-7-87 and judement was reserved. Nearly one year thereafter on 1-7-88 the learned presiding judge laid down the office on attaining the age of 62 years without convening the Full Bench for delivering the judgment. Because of this unfortunate situation this Full Bench has again been constituted by the Honble the Chief Justice.

2. Dealing with the question whether sanction of the Central Government under S. 197(1) of the Code of Criminal Procedure is a condition precedent for a court to take cognizance of an offence alleged in a private complaint against a judge of the High Court in respect of his acts in the discharge of judicial functions, a Division Bench of this Court comprising the Honble Chief Justice B. J. Divan and Raghuvir, J. (as he then was), in Crl.R.C. No. 534 and 523 of 1976 dated 19-8-1976, expressed the view : "....... u/S. 197(1) of the Criminal Procedure Code, 1973, no court can take cognizance of an offence alleged to have been committed by a judge of the High Co



















































































































































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