THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL PETITION No. 4018 of 2011 ORDER: This petition is filed by the petitioner under Section 482 of the Code of Criminal Procedure (for short “Cr.P.C.”) to quash the order in Crl.R.P.No.30 of 2008 arising out of the order in Crl.M.P.No.374 of 2008 in C.C.No.345 of 2007 on the file of the Judicial First Class Magistrate, Guntakal. The petitioner herein was a Superintendent of Government Observation Home for Boys at Guntakal and he was charged for the offences under Sections 344, 346, 363, 368 and 374 of Indian Penal Code, 1860 (for short “IPC”) and the complaint was lodged by the Judicial First Class Magistrate, Guntakal after noticing the news item in the newspaper. The petitioner has filed an application under Section 239 of Cr.P.C. to discharge on the ground that he was a Public Servant and sanction is necessary. The lower Court has dismissed the same and it was confirmed in revision by the learned Sessions Judge, Anantapur District. The contention of the learned counsel for the petitioner is that from the order of the Sessions Judge, Anantapur the arguments of the learned counsel for the petitioner in the revision were not heard and the order was passed without giving an opportunity of hearing and therefore the matter may be remanded to the Sessions Judge, Anantapur. Evidently, the Sessions Judge, Anantapur, even though there was no representation, has considered the factual aspects. Evidently, the offence alleged against the petitioner is that he has taken a boy from the Observation Home and kept in his house and was extracting labour work. Evidently it is not in discharge of functions of post with which he was entrusted. Therefore, the question of obtaining sanction under Section 197 of Cr.P.C. does not arise and even if a re-hearing is to be made by the Sessions Judge, Anantapur there is no other view possible. Therefore, in view of the above circumstances, the petition is dismissed. If, upon considering the evidence on record, the Court finds that there was any discharge of official duties by the petitioner he can be permitted to plead at the time of the final disposal of the case. ________________________ N.R.L. NAGESWARA RAO, J Date: 04-07-2011 MR THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL PETITION No. 4018 of 2011 DATE: 04-07-2011 MR