ORDER :

1. Challenge in this criminal revision case is to the legality of the order dated 08.08.2008 passed by learned Principal Special Judge for SPE & ACB Cases, City Civil Court, Hyderabad in Crl.M.P.No.696 of 2008 in CC No.41 of 2004 declining to give consent to the Public Prosecutor to withdraw the prosecution against the petitioners herein.

2. The material facts may now be briefly stated. The complainant by name Mr.C.V.Krishna Reddy, Assistant Accounts Officer, office of the Directorate of Animal Husbandry, Hyderabad, while working as Junior Accounts Officer on deputation in the commissionerate of Social Welfare, he was transferred on certain fictitious allegation with a direction to report before the Director of Treasuries and Accounts for posting. The Director of Treasuries and Accounts, Hyderabad, after obtaining permission from the Government transferred him and posted him as Junior Accounts Officer in the Directorateof Animal Husbandry and accordingly he reported to duty as such in the directorate on 20.11.2001 and requested the Director of Treasuries and Accounts to treat the period from 31.05.2001 to 19.11.2001 as compulsory wait as he was kept waiting for posting for no fault of him. Thereupon, the Director of Treasuries and Accounts referred the matter to the Government, Finance department for sanction. When the complainant approached the petitioners who are Section Officer and Assistant Section Officer respectively during the relevant period for processing his file and issuing sanction orders (G.O) to enable him to get his salary, the petitioners demanded bribe of Rs.2,000/- and Rs.1,000/- respectively for processing the file. Since the complainant did not pay the bribe amount demanded by the petitioners, they did not settle the matter for two years. As such the complainant preferred a complaint against the petitioners with the in-charge Deputy Superintendent of Police, ACB, City Range II, Hyderabad. In that connection a case in Cr.No.15/ACB-CR/99 under Section 7 of P.C.Act, 1988 was registered on 25.07.2003. The ACB officials, after following the due procedure, laid a trap at Shanbagh hotel, Basheerbagh, Hyderabad where the petitioners accepted the bribe amount from the complainant as a motive or reward for showing official favour to handover copy of the G.O.Rt.No.17871, Finance Department dated 19.07.2003 for sanction of compulsory wait period of the complainant. The phenolphthalein test conducted on the right hand fingers of both the petitioners and shirt left side pocket inner portion of the first petitioner and right front side pant pocket inner portion of the second petitioner yielded positive results and the tainted amount was recovered from the petitioners in the presence of the mediators. The competent authority accorded sanction to prosecute the petitioners in the Court of Law vide G.O.Ms.No.509 and 510, dated 11.06.2004 respectively. After completion of investigation the ACB officials filed charge sheet against the petitioners for the offence punishable under Section 7 and 13 (1) (d) r/w Section 13 (2) of Prevention of Corruption Act, 1988 r/w Section 34 IPC.

3. The case was taken on file as C.C.No.41 of 2004 on 11.10.2004. Charges were framed against the petitioners and P.Ws.1 to 5 were examined and Exs.P.1 to P.17 were got marked.

4. At that juncture, the learned Special Public Prosecutor filed a petition on 28.07.2008 under Section 321 Cr.P.C. to withdraw the prosecution against the petitioners as the Government issued order vide G.O.Ms.No.150, Finance (OP.1) Department, dated 07.06.2008 to drop the case against the petitioners and entrust the case to the Tribunal for Disciplinary Proceedings, Hyderabad for conducting regular enquiry due to the deceitful character of the complainant.

5. The trial Court, relying on the decisions rendered in Abdul Karime vs. State of Karnataka, AIR 2001 SC 116, M.Veeraiah Chowdary vs. The State of Andhra Pradesh, 2003 Crl.L.J.1896, Deputy Accountant General Vs. State, AI