HYDERABAD: Justice N Tukaramji of the Telangana High Court has set aside the decision by a lower court rejecting a complaint against revenue officials due to lack of a sanction order.
The petitioner, Chappidi Krishna Reddy, had lodged a complaint under Section 200 of the CrPC with the II-Additional Metropolitan Magistrate, Malkajgiri, accusing revenue officials of colluding to manipulate land records, misrepresenting government land as private patta land and aiding in the illegal encroachment of government property. He sought a police investigation into the matter under Section 156(3) of the CrPC, but the magistrate rejected the plea on the grounds that it lacked the necessary sanction order under Section 197 of the CrPC. This Section protects public servants from prosecution for actions taken in the course of their official duties.
The petitioner challenged the decision by filing a criminal revision petition under Sections 397(1) and 401 of the CrPC, arguing that the alleged actions of the accused officials fell outside the scope of their official duties and were therefore not protected by Section 197. His counsel emphasised that the alleged misconduct included fabricating documents and intentionally misclassifying government land, actions that were not part of the officials’ legitimate responsibilities.
Justice Tukaramji, in his judgement, supported the petitioner’s argument, stating that the requirement for a sanction order does not apply when public servants act beyond their official duties.
The judge ruled that the lower court’s rejection of the complaint was erroneous and illegal, and accordingly set aside the magistrate’s order. The complaint was forwarded to the Kushaiguda police station for investigation. The court directed that upon receipt of the final report of the police, the magistrate concerned could proceed in accordance with the law.
TELANGANA HIGH COURT ORDER
HC set aside the decision by a lower court rejecting a complaint against revenue officials due to lack of a sanction order.
The petitioner lodged a complaint accusing revenue officials of misrepresenting government land as private patta land.
The complaint was forwarded to the Kushaiguda police station by the court for investigation.