THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL PETITION No.1601 OF 2008 ORDER: Admit. Heard. This petition is filed by petitioners/accused No.1 to 7 to quash the proceedings initiated against them in C.C.No.19 of 2008 on the file of the Judicial Magistrate of I Class, Darsi, where-under the case was registered on a private complaint filed by the Sarpanch of Kurichedu Grampanchayat stating that certain irregularities were said to have been committed by the petitioners, who are all Government Servants and employed for the purpose of discharging their duties as Election Officers, with regard to conducting of elections on 02.08.2006. Most of the allegations touch with regard to the validity of the election. Evidently, the complainant has filed O.P.No.3 of 2006 on the file of the Junior Civil Judge, Darsi, and the election material was said to have been brought to the Court. It is alleged that there was tampering of the seals on the trunk boxes and meddling with the contents. From the allegations in the complaint, it is quite clear that the actions that were said to have been done by the petitioners squarely fall within their duties as Election Officers and challenging the election already election petition was said to have been filed. In fact, no material is placed as to how the complaint is maintainable without sanction. The allegations in the complaint that though the petitioners are public servants, their acts of tampering are not official duty and consequently Section 197 of the Criminal Procedure Code is not applicable, is baseless. Therefore, in view of the above circumstances and since already election petition is pending questioning the validity of the elections, the criminal prosecution is nothing but abuse of process of law. Accordingly, the criminal Petition is allowed and the proceedings against petitioners/A.1 to A.7 in C.C.No.19 of 2008 on the file of the Judicial Magistrate of I Class, Darsi, are quashed. _______________________________ JUSTICE N.R.L. NAGESWARA RAO Date:24-11-2011 INL