GANJI CHIRANJEEVI Vs. STATE OF ANDHRA PRADESH
LAWS(APH)-2020-12-108
HIGH COURT OF ANDHRA PRADESH
Decided on December 16,2020

Ganji Chiranjeevi Appellant
VERSUS
STATE OF ANDHRA PRADESH Respondents


Referred Judgements :-

ARNESH KUMAR VS. STATE OF BIHAR [REFERRED TO]


JUDGEMENT

LALITHA KANNEGANTI,J. - (1.)This petition is filed under Section 438 of Code of the Criminal Procedure, 1973 (for short 'Cr.P.C.') to grant pre arrest bail to the petitioner/A-8 in the event of his arrest in connection with Crime No.752 of 2020 of Mangalagiri Town Police Station, Guntur Urban for the offences punishable under Sections 409, 415, 420 r/w 34 of Indian Penal Code, 1860.
(2.)Heard Sri Challa Ajay Kumar, learned counsel for the petitioner/A-8 and the learned Public Prosecutor for the respondentState.
(3.)The Municipal Commissioner, Mangalagiri addressed a letter to the Station House Officer on 16.11.2020 wherein it is stated that the the Government of Andhra Pradesh enclosed copy of the report dated 28.02.2020 of the Director General, GA (V&E) Department and requested the Commissioner and Director of Municipal Administration to take necessary action on the report of the Director General, General Administration (V&E) Department and to report compliance. The Vigilance and Enforcement Department in their recommendations, at point No.3 mentioned as follows:
"Legal action on Ward Councilors: During the vigilance enquiry on random verification 33 beneficiaries stated that they paid to their councilors/ward members for allotment of housing flats. The councilors resorted to extortion on the beneficiaries and received money for allotment of housing flats. It is worth mentioning here that even though the Councilors/Ward Members do not have any role in selection of beneficiaries as per the prescribed guidelines, they intervened and resorted to backhander and the Municipal Commissioner submitted the list of beneficiaries as suggested by the councilors. As such, the undue role of Councilors was mandated by the Municipal authorities. These acts of the Councilors make them liable for necessary legal action as per appropriate sections of Indian Penal Code. Hence, criminal cases as per appropriate sections of law are recommended as per the details submitted in the report dated 28.02.2020".

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