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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
E.V.VENUGOPAL
Cheruku Prabhakar – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. factual basis for allegations against the petitioner. (Para 2 , 3 , 4) |
| 2. contentions on discharge request and process abuse. (Para 5) |
| 3. court's reasoning on sanction necessity and trial process. (Para 6 , 8 , 9) |
| 4. discussion on the necessity of sanction for public servant prosecution. (Para 7) |
| 5. clarification on prosecutorial immunity for retired public servants. (Para 10 , 12) |
| 6. observations on immunity and sanction requirements for retired public servants. (Para 11) |
| 7. dismissal of revision case. (Para 13) |
ORDER :
E.V.VENUGOPAL, J.
Heard Sri Gaddam Sethu Madhava Rao, learned counsel for the petitioner and Smt.S.Madhavi, Assistant Public Prosecutor, representing learned Public Prosecutor for State/respondent.
2. The present criminal revision case is preferred by the petitioner/ accused under Section 397 of Cr.P.C., aggrieved by the order dated 11.03.2024 passed in Crl.MP No.270 of 2022 in CC No.61 of 2021 wherein the prayer of the petitioner/accused under Section 239 of Cr.P.C. for his discharge from CC No.61 of 2021 was rejected by the trial Court.
3. Basing on the complaint lodged by the Regional Joint Director of Collegiate Education, Nampally, Government of Tela
Sanction under Section 197 Cr.P.C. is not required for prosecuting a retired public servant at the time the Court takes cognizance of the offence.
Public servant needs protection from prosecution under IPC only if acts are connected to official duties; lack of nexus and undue delay infringes the right to a speedy trial.
The requirement of sanction under Section 197 Cr.P.C. for prosecuting a public servant can be raised at any stage of proceedings, including at the appellate stage.
Sanction under Section 197 Cr.P.C. is required only when the alleged acts of a public servant are directly connected to and arise from their official duties.
The main legal point established in the judgment is that the act of misappropriation can be considered part of official duty, requiring prior sanction for prosecution under Section 197 of Cr.P.C.
Prior sanction is mandatory for prosecuting public servants under the Prevention of Corruption Act and Section 197 Cr.P.C.
The court ruled that a public servant's alleged criminal acts must be connected to official duties to require sanction for prosecution under Section 197 of the Cr.P.C.
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