THE HON'BLE SRI JUSTICE K.G.SHANKAR CRIMINAL PETITION No.2636 of 2008 Date: 02.11.2011 Between: Pulikonda Brahmananda Gupta. ..... Petitioner. AND Office of the Range Inspector, II, A.C.B., Guntur, Vijayawada Range, Rep.by Special P.P. .....Complainant. The Court made the following : THE HON'BLE SRI JUSTICE K.G.SHANKAR CRIMINAL PETITION No.2636 of 2008 ORDER: There is no representation for the petitioner. The learned Standing Counsel for ACB advanced submissions that the petition is unsustainable and is liable to be rejected. 2. Prosecution filed the case against as many as 4 persons. However, the 1st accused is no more. Accused 3 & 4 have retired from service. A2 has been in service. He was formerly the Special Deputy Thasildar, Urban Land Ceiling, Guntur. The Special Court for SPE & ACB Cases, Vijayawada took the charge sheet on file and registered the same as C.C.No.67 of 2007. 3. This petition is laid by the 2nd accused alone. The 2nd accused contended that the prosecution was lodged against the accused without prior sanction and that the case therefore is liable to be quashed. The learned Standing Counsel contended that sanction was accorded through G.O.Ms.No.808, dated 13-06-2007. A question arose whether the charge sheet was laid before sanction to prosecution was granted or otherwise. The report of the learned Special Judge for SPE & ACB, Vijayawada was called for. The report was accordingly received. The learned Judge reported that the charge sheet was initially filed before the Court on 05- 10-2007 and that the same was taken cognizance of against A2 to A4 on 17-12-2007. Thus the charge sheet was filed on 05-10-2007 while sanction to prosecute was granted on 13-06-2007. The claim of the 2nd accused that the case was initiated against A2 and others without prior sanction therefore is not correct. Consequently, the proceedings are not liable to be quashed on the ground that the prosecution was initiated without prior sanction. 4. This petition in this background is found to be devoid of merits and is accordingly dismissed. _________________________ JUSTICE K.G.SHANKAR Date:02.11.2011 mrb