HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY CRIMINAL PETITION No.12 of 2008 ORDER: The petitioner is the accused in P.R.C.No.106 of 2006 on the file the Court of Judicial First Class Magistrate, Allagadda, Kurnool District, registered for offences punishable Sections 323, 354, 506 and 342 I.P.C. The case was registered on the ground that on 19.07.2006 at about 08.00 p.m., the accused, a police officer, went to the house of the complainant namely M.Rama Subba Reddy at Muthalur village, Rudravaram Mandal and caught hold of the collar of the de-facto complainant and dragged him out of the house and when his wife namely Hemalatha went to his rescue, the accused caught hold of her tuft of hair and beat her and outraged her modesty and forcibly took him in a jeep to Rudravaram and kept him in Rudravaram police station and later the accused also kicked him and then Somasekhara Reddy beat with sticks on his hands and legs and further Somasekhar Reddy threatened him with dire consequences. On behalf of the de-facto complainant statement of himself and two others were recorded whereas then on the basis of material available, the case was taken on file. For the convenience sake I refer the parties as arrayed in the complaint. It is the contention of the accused that the complainant was one of the accused in Crime No.144 of 2006 of Rudravaram police station and all the accused in that case were arrested and produced before the Court and were remanded to judicial custody in respect of offences punishable under Section 147, 148, 324, 307 read with Section 149 I.P.C., the cognizance of which was taken by the Judicial First Class Magistrate, Allagadda and only in view of that earlier case and as a counter blast the complaint was given by the complainant in the present case leaving Somasekhar Reddy and R.Srinath Reddy and further without obtaining necessary sanction under Section 197 Cr.P.C., the question of taking cognizance of the matter would not arise at all and therefore the P.R.C is to be quashed. There are clear allegations against the petitioner constituting the said offences. At present there is no good basis to say that the case was foisted in view of the other criminal case. Without conducting the trial of the case it is difficult to come to any conclusion in the matter. Further when the allegations constitute that he involved in the said crimes which is beyond the scope of his job as police officer, no sanction under Section 197 Cr.P.C is necessary. Hence there are no merits in the case. In the result, Criminal Petition is dismissed. _____________________________________ JUSTICE G. KRISHNA MOHAN REDDY 12.08.2011 VJL