THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL PETITION No.1173 OF 2009 ORDER: Admit. This petition is filed by the petitioner/accused to quash the proceedings initiated against him in C.C.No.442 of 2007 on the file of the Judicial Magistrate of I Class, Markapur, which was taken on file on a private complaint with regard to beating of the complainant when he was taking into custody while the petitioner was working as Sub Inspector of Police at Markapur Town Police Station. The complaint was originally referred to the police and the police referred the matter as false one and thereafter the case was taken on file after recording the statement of the complainant. The learned counsel for the petitioner contends that there is no sanction for prosecution of the petitioner and consequently, the prosecution is bad. However, this plea is open to raise by the petitioner at the time of framing of the charges and the material available on record attracts the offence under Section 324 Indian Penal Code, which has to be decided after considering the evidence on record. Therefore, with the above liberty, the Criminal Petition is disposed of. _______________________________ JUSTICE N.R.L. NAGESWARA RAO Date:24-11-2011 INL