HYDERABAD: Justice N. Tukaramji of the Telangana High Court has overturned a lower court's decision that had dismissed a complaint against revenue officials due to the absence of a sanction order.
The complaint was filed by Chappidi Krishna Reddy under Section 200 of the CrPC with the II-Additional Metropolitan Magistrate, Malkajgiri. Reddy accused revenue officials of colluding to alter land records, misrepresenting government land as private patta land, and facilitating illegal encroachment of government property. He requested a police investigation under Section 156(3) of the CrPC. However, the magistrate had rejected the plea, citing the lack of a sanction order required under Section 197 of the CrPC, which protects public servants from prosecution for actions taken in their official capacity.
Reddy challenged this decision through a criminal revision petition under Sections 397(1) and 401 of the CrPC. His argument was that the officials' actions, including document fabrication and intentional misclassification of land, were outside their official duties and thus not covered by Section 197’s protection.
Justice Tukaramji agreed with Reddy’s argument, ruling that a sanction order is not necessary when public servants act beyond their official duties. The judge found that the lower court's dismissal of the complaint was both erroneous and illegal, and thus set aside the magistrate's order. The complaint has now been forwarded to the Kushaiguda police station for investigation. The court directed that, following the receipt of the police’s final report, the magistrate should proceed in accordance with the law.
TELANGANA HIGH COURT ORDER
- The High Court overturned the lower court's dismissal of a complaint against revenue officials due to lack of a sanction order.
- The complaint, alleging misrepresentation of government land as private patta land, has been sent to the Kushaiguda police station for investigation.