HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.5459 of 2014 Date: 18-7-2014 Between Muvva Ramalingam … Petitioner/ Accused and The Director General, Anti Corruption Bureau, Hyderabad, Rep. by Spl. Public Prosecutor … Respondent HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.5459 of 2014 Order:
The petitioner seeks for the quashment of G.O.Ms.
No.9, Education (SE:Vig.I(1)] Department, dated 16-4-2014 sanctioning permission to prosecute him in connection with Crime No.12/RCT-ACB-VJA/2007 of ACB, Nellore Range.
2. The learned counsel for the petitioner submitted that the sanction was accorded by Government to prosecute the petitioner and that the request for sanction to prosecute the petitioner was rejected thrice earlier. She contended that the orders in G.O.Ms.No.9, dated 16-4-2014 are tantamount to reviewing of its earlier orders which is violative of Section 6 of the Prevention of Corruption Act, 1988.
3. The learned Standing Counsel for ACB, on the other hand, submitted that the sanction was through G.O.Ms.No.14, dated 06-5-2014 and that the charge- sheet was filed subsequently on 05-6-2014. He further submitted that the learned Special Judge for SPE and ACB Cases, Vijayawada has taken the case on file and numbered the same as C.C.11 of 2014 and submitted that this petition for the quashment of G.O.Ms.No.9 is not maintainable where the sanction was accorded through G.O.Ms.No.14 and also where the case was already numbered as C.C.11 of 2014.
4. The learned counsel for the petitioner submitted that in the event charge-sheet is filed and that the same was numbered as a case, the petitioner may be permitted to file appropriate petition for discharge/quashment of C.C.No.11 of 2014.
5. Consequently, this criminal petition is disposed of granting liberty to the petitioner to move appropriate petition in view of the filing of the charge-sheet and in view of taking cognizance of the same by the Court.
The miscellaneous petitions, if any, pending in this petition shall stand closed.
Dr. K.G.SHANKAR, J.
18th July, 2014. Ak HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.5459 of 2014 18th July, 2014. (Ak)