THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.1489 of 2008 ORDER: Petitioner approaches this Court with a prayer to quash the proceedings against him in C.C.S.R.No.3057 of 2007(C.C.No.41 of 2008) on the file of the Judicial Magistrate of First Class, Mummidivaram, East Godavari District, whereby he is facing charge for the offence punishable under Sections 167, 418, 465, 420 read with 34 IPC. 2. Heard both sides. 3. Learned counsel for the petitioner submitted the following points for consideration: a) Petitioner being the Tahsildar discharged his official duty and on the basis of the request made by the first accused, he issued the pattadar pass book; b) The petitioner has also issued notice to the person concerned to inform whether any objection is there to mutate the name of the accused person concerned and further submitted that to the act of the Tahsildar in discharge of his official duty, the case has to be prosecuted and sanction should be obtained by the competent authority. 4. This Court perused the entire records and heard the counsel for the petitioner and respondent. The factum of the enquiry conducted by the Tahsildar can be raised at the time of trial and he can prove that he has taken steps to see whether any objection is given by the complainant herein. As far as the question of sanction is concerned, even though cognizance is taken, learned Magistrate is at liberty or the complainant is at liberty to get sanction even prior to the pronouncement of judgment. 5. Hence, this Court is of the view that the present proceedings can be allowed to be proceeded. Further, the learned counsel is at liberty to raise all these points before the trial Court. In any event, petitioner being a Tahsildar, his presence before the trial Court is dispensed with except the dates on which the learned Magistrate insists for the same and he shall properly be represented through his counsel. 6. With the above observation, the Criminal Petition is disposed of. The miscellaneous petitions, if any, filed along with the criminal petition shall stand closed. ________________ RAJA ELANGO, J. 3rd March 2011, Rns.