SAYYED AHAMED Vs. STATE OF ANDHRA PRADESH
LAWS(APH)-2019-6-9
HIGH COURT OF ANDHRA PRADESH
Decided on June 04,2019

Sayyed Ahamed Appellant
VERSUS
STATE OF ANDHRA PRADESH Respondents


Referred Judgements :-

B SAHA VS. M S KOCHAR [REFERRED TO]


JUDGEMENT

T. Rajani, J. - (1.)This revision is preferred questioning the order, dated 06.12.2017, in Crl.M.P.No.3720 of 2017 in C.C.No.242 of 2013 passed by the court of I Additional Judicial Magistrate of First Class, Adoni, by virtue of which the said court dismissed the petition, which was filed by the petitioners under Section 239 CrPC, seeking to dismiss the complaint for want of prior sanction from the District Collector, Kurnool as required under Section 197 CrPC.
(2.)The facts need to be stated briefly in order to understand whether the petitioners are alleged to have committed the offences in discharge of their official duty.
As per the complaint, the complainant is the Assistant Executive Engineer, R& B, since March, 2007. He has been working in Adoni Division as on that date and was holding additional charge of Mantralayam R & B Section from 27.07.2011. On 28.10.2011, the R & B Department gave a contract to A4 to lay metal and blacktop road of Rampuram-Kosigi-Halvi of 4.60 KMs. But A4 Company only laid metal road upto 4.14 KM and no black top road was laid. A4 company, in collusion with Al to A3, who are the Assistant Engineer/work incharge officer, Deputy Executive Engineer R&B, Check Measuring & payment officer respectively, has received payment of Rs. 68,82,000/- vide cheques but the road corresponding to the value of the said amount is not laid. There was a news item in the Eenadu newspaper with regard to the said deficit. An enquiry was caused by the departmental officers and Al to A3 were suspended. Then the contractor, A4 laid the black top road.

(3.)Heard Sri Mohan Reddy, learned senior counsel appearing for the petitioners and the Public Prosecutor appearing for the 1st respondent. None appears for the 2nd respondent in spite of notice.
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