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GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Police - Medak District - Sanction of Prosecution against Sri. K. Prabhakar
Reddy (A-1), CI of Police, Dubbak circle, Medak District, presently
dismissed from service in Cr. No. 39/2002 under sections 341, 353, 186, 506,
307 and 379 of the Indian Penal Code, 1860 and Section 7 (1) (b) of the Criminal
Law Amendment Act, 1932 of Dubbak Police Station of Medak District – Revised
Orders – Issued.
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HOME (LEGAL-II) DEPARTMENT
G.O.Ms.No. 58 Dated: 02-04-2012
Read the following:
1. From DGP, AP, Hyd, Lr. C. No. 911/Compts-4/2007, dt.7-3-2007,
and 28-9-2007, along with the letter from SP Medak
Dist.No.C1/43/PROSE/2003, dated: 17-12-2003.
2. G.O.Ms.No.251, Home (Legal.II) Dept., dated: 31-10-2011.
3. From DGP, AP, Hyd, Lr.C.No.911/Compts-4/2007, dt.11-11-2011
4. From the DGP, AP, Hyd, Lr.Rc.No. 911/Compts-4/2011,
dated: 15.03.2012.
***
ORDER :
Whereas, Sri K. Prabhakar Reddy (A-1), Circle Inspector of Police,
Dubbak circle, Medak District is a “public servant” working in Dubbak circle,
Medak District is a public servant within the meaning of Section 21 of the Indian
Penal Code, 1860 (Central Act 45 of 1860) and he is a member of the Police
force charges maintenance of public order issued in G.O. Ms. No. 631, Home
(Court-B) Department, dt. 30-04-1974 and he is a public servant who is not
removable from his office save by order and the sanction of the Government and
as such governed by direction for prosecution of public servant as envisaged
under section 197 of the Code of Criminal Procedure, 1973;
2. And whereas, it is reported by the Director General of Police, Andhra
Pradesh, Hyderabad that, on 16-05-2002 at 1600 hours the complainant Sri.
K. Sarveshwar Rao, Deputy Superintendent of Police, Anti Corruption Bureau.
Nizamabad lodged a complaint with the Sub-Divisional Police Officer, Siddipet at
Dubbak Police Station stating that, he is working as Deputy Superintendent of
Police, Anti Corruption Bureau, Nizamabad Range, Nizamabad. On 16-05-2002
himself along with Inspectors K. Muralidhar, M. Surya Rao of Nizamabad and
Sangareddy came to Dubbak after registering a case in Cr.No. 8/ACB-NZB/2002,
under section 7 of the Prevention of Corruption Act 1988 on the complaint of Sri.
A. Balraj S/o Yellaiah R/o Peddagundavelli against Sri. K. Prabhaker Reddy, CI of
Police, Dubbak circle and G. Veeraiah, S.I. of Police, Dubbak for demanding and
accept of bribe RS. 15,000/-. After conducting the pre-trap proceedings at the
office of Inspector, Anti Corruption Bureau, Sangareddy they left the office of
Inspector, Sangareddy and reached Dubbak at 10.45 A.M. On his direction the
complainant along with the accompanying witness Gangaiah entered into the
Police Station 11.00 A.M. At about 11.30 A.M. the complainant A. Balraj along
with accompanying witness Gangaiah came out from the main gate and gave
pre-arranged signal to the trap party. Immediately K. Muralidhar, Inspector,
Nizamabad, Sri. C.V. Sharma (Mediator) PCs 154, 1137 entered into SI’s room.
Sri. M. Surya Rao, Inspector, ACB., Sangareddy HC 831, PCs 393 and 1390 along
with one mediator Omar Ali proceeded towards the CI’s office as he is following
to hide his identity. When M. Surya Rao, Inspector, ACB., Sangareddy, Krishna
PC and mediator Md. Omar Ali entered into the room of Circle Inspector after
introducing himself. Sri. M. Surya Rao, Inspector and Constable apprehended
the C.I. by holding his wrist, but the C.I. Prabhakar Reddy (A-1), forcibly licked
his fingers and rubbed to the hand kerchief and became wild by saying in loud
voice that “ACB Vallu leru, evaru leru, antha naxallites Lanja Kodukulu, Veellani
lock-up-lo-veyandi, Kalchi Pareyandi, yemi chestunnarura meerantha, Yevarini
padithe vallanu lopaliki ranishtharu, Kalchi pareyandi lanja kodkulanu” by saying
the above words the C.I. Prabhakar Reddy (A-1), caught hold the collar of
Sri. M. Surya Rao, Inspector and dragged him towards the sentry post. On
Cont…P2-2-
hearing the voice of Circle Inspector Prabhakar Reddy (A-1), the Constables Sri.
Madhusudhan, PC 1858 (A-2), Kanakaiah, PC 77 (A-3), M. Mohan, Sentry PC 586
(A-4), A. Yadava Reddy, PC 1034 (A-5) and Yakub Jani, PC 1489 (A-6), and
some others joined the C.I. and pushed all the ACB staff forcibly and
manhandled them and obstructed the legitimate duties of Anti Corruption
Bureau. In the meantime he introduced himself to Sri. Prabhakr Reddy C.I.,
Even then the C.I. shouted loudly on the Anti Corruption Bureau personnel.
Later he warned the Circle Inspector to remain calm. Then the Circle Inspector
Sri. Prabhakar Reddy kept silent and remained controlling self and his staff made
thorough search after conducting and yielding of Sodium Carbonate test positive,
but even then they could not recover the tainted amount. The Circle Inspector of
Police, Sri. Prabhakar Reddy shouted loudly and caused obstruction to the Anti
Corruption Bureau staff and sent the bribe tainted amount to outside with one of
his close Constable. The C.I. Prabhakar Reddy and the Constables mentioned in
the report have wrongfully restrained the DSP, Anti Corruption Bureau Inspector
Sangareddy, staff and Government servant (mediator) Sri. Omar Ali. Therefore
it is requested to take necessary action against Sri. Prabhakar Reddy, CI and five
Constables who obstructed, manhandled, threatened with dire consequences and
wrongful restraint. Thus there is sufficient material on record to charge the
accused, person Sri K. Prabhakar Reddy (A-1) CI of Police, Dubbak circle,
presently dismissed for service.
(a) Under sections 341, 353, 186, 506, 307 and 379 of the Indian penal
Code 1860, for abating the offences of wrongfully restraint, assault,
obstruction, Criminal intimidation, attempt to kill the DSP, ACB
Inspector Sangareddy, Staff and Government Servant (mediator) Sri.
Omar Ali, while discharging their lawful duties, committed theft of tainted
amount of Rs. 10,000/- and,
(b) Under section 7 (1) (b) of the Criminal Law Amendment Act, 1932
obstructing the Anti Corruption Bureau officials when they entering or
approaching into the circle office to attend their lawful duties.
3) And whereas, the investigation conducted by the Circle Inspector of Police,
Thoguta circle of Medak District, in Cr. No. 39/2002 of Dubbak Police Station
revealed that Sri. K. Prabhakar Reddy (A-1), CI of Police, Dubbak, Medak
district, presently dismissed from the service committed the offences
punishable under sections 341, 353, 186, 506, 307 and 379 of the Indian Penal
Code 1860 and section 7 (1) (b) of the Criminal Law Amendment Act, 1932.
4) And whereas, the Government of Andhra Pradesh, after careful
examination of the various documentary evidence and the report of the Director
General of Police, Andhra Pradesh, Hyderabad, and further in exercise of the
powers conferred by sub-section (4) of section 197 of the Code of Criminal
Procedure, 1973 (Central Act 2 of 1974), have issued orders in the reference 2nd
read above, to prosecute the said officer , along with others, in a court of Law
for the above said offences or any other offences relating to the incident.
5) In the reference 3rd read above, the Director General of Police, Andhra
Pradesh, Hyderabad, has informed that there are some spelling/typographical
errors figured in the GO, issued in the reference 2nd read above, and further he
has requested the Government, to issue revised orders for prosecution the
accused police personnel of (6) members in Cr.No.39/2002, under sections, 341,
353, 186, 506, 307 and 379 of the Indian Penal Code, 1860 and section 7(1)(b)
of the Criminal Law Amendment act, 1932 at Dubbak Police Station Medak
District.
6) Now, the Government of Andhra Pradesh, after careful examination of the
matter, in supersession of the orders issued in the GO 2nd read above, and in
exercise of the powers conferred by clause (b) of sub-section (1) of section 197
of the Code of Criminal Procedure, 1973 (Act 2 of 1974) read with Notification –
II issued in G.O. Ms. No. 631, Home (Courts-B) Department, dt. 30th April 1974,
hereby accord permission to the Director General of Police, Andhra Pradesh,
Cont…P3-3-
Hyderabad, to prosecute the accused person Sri. K. Prabhakar Reddy (A-1),
CircIe Inspector of Police, Dubbak circle, Medak District presently
dismissed from the service, for the said offences punishable under sections
341, 353, 186, 506, 307 and 379 of the Indian Penal Code, 1860 and section 7
(1) (b) of the Criminal Law Amendment Act, 1932 at Dubbak Police Station
Medak District, and issue prosecution orders against him in the interest of
justice.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
(P. GAUTAM KUMAR)
PRINCIPAL SECRETARY TO GOVERNMENT
To
The Director General of Police, Andhra Pradesh, Hyderabad.
Copy to:
Law (E) Department.
The P.S. to Prl. Secy. Home.
C.No. 16277/Legal.II/A2/2011
SF/SC.
SECTION OFFICER