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GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Police - Medak District - Sanction of Prosecution against Sri. P. Madhusudhan
(A-2) PC 1858, Mirdoddi Police Station, Medak District now presently
working in Gajwel Police Station, Medak District in Cr. No. 39/2002 under
sections 341, 353, 186, 506, 307 and 379 of the Indian Penal Code, 1860,
secton 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. 59 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 P. Madhusudhan (A-2), PC 1858, Mirdoddi Police
Station, 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, dtd: 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, ACB, 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 Circle Inspector 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,
Cont…P2-2-
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 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 Anti Corruption Bureau 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 Circle Inspector
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 ACB 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, ACB 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. P. Madhusudhan (A-2).
(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. P. Madhusudhan (A-2), PC 1858, Mirdoddi Police
Station, Medak District now presently working in Gajwel Police Station,
Medak District 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
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.
Cont…P3-3-
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,
Hyderabad, to prosecute the accused person Sri. P. Madhusudhan, (A-2) PC
1858, Mirdoddi Police Station, Medak District now presently working in
Gajwel Police Station, Medak District, 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