JUDGEMENT
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(1.)This Criminal Revision Case is filed, under Ss. 397 and 401 of Cr.P.C., aggrieved by the order, dtd. 30/3/2011, passed in Crl.M.P.No.1534 of 2009 in C.C.No.54 of 2007 on the file of the Principal Special Judge for SPE and ACB Cases, City Civil Court, Hyderabad, wherein and whereunder the learned Judge had declined to grant permission to withdraw the case of prosecution pending against the revision petitioner/Accused Officer in exercise of the power under Sec. 321 Cr.P.C.
(2.)The facts in issue are as under:
The revision petitioner/AO was working as Junior Technical Officer (Work Inspector), Mehdipatnam Sec. , Goshamahal Division-III, Hyderabad Metropolitan Water Supply and Sewerage Board, Hyderabad. The allegation of the prosecution, as mentioned in the charge sheet, is that the revision petitioner/AO demanded an amount of Rs.800.00 as bribe for processing the file for sanctioning of water tap connection to the house of the de facto complainant and expressing his unwillingness to pay, he approached the DSP, ACB, City Range-II, Hyderabad, who after due verification, registered a case in Cr.No.2/ACB-CR/2007 on 15/2/2007 under Sec. 7 of Prevention of Corruption Act, 1988. On the basis of the registration of the FIR, the trap was laid and eventually charge-sheet was filed against the accused officer for the offences punishable under Sec. s 7 and 13 (1) (d) read with Sec. 13 (2) of Prevention of Corruption Act, 1988, after obtaining sanction by the Government of Andhra Pradesh to prosecute him vide proceedings No.E3/L-C/07-08/2700, dtd. 25/7/2007, of the Managing Director, HMWS and SB, Khairatabad, Hyderabad, for the aforesaid offences. Thereafter, cognizance of the case was taken, charges were framed against the revision petitioner/AO and when the case came up for fixing up trial schedule, the Government had reviewed the case and decided to withdraw the sanction of prosecution order, vide letter No.3277/VIG.1(2)/2007-08 dtd. 8/12/2008, and requested the Managing Director, HMWS&SB, Hyderabad, to withdraw the sanction of prosecution and departmental action initiated against the revision petitioner/AO and impose a punishment of stoppage of three annual grade increments without cumulative effect as per Rules. Accordingly, the Managing Director, by order dtd. 22/6/2009, withdrawn the sanction of prosecution order and departmental action against the revision petitioner/AO and awarded punishment of withholding of three annual grade increments without cumulative effect under Rule 9 (iv) of APCS (CC&A) Rules, 1991. Thereafter, the prosecution moved the aforesaid application, on 22/10/2009, under Sec. 321 Cr.P.C., seeking permission to withdraw the case of the prosecution against the revision petitioner/AO and to acquit him for the aforesaid offences in the interest of justice. By an order, dtd. 30/3/2011, the learned Principal Special Judge, observed that there were no sufficient grounds or circumstances for the Court to accept the withdrawal of the prosecution case against the revision petitioner and accordingly dismissed the said petition. Challenging the same, the present revision has been filed.
(3.)Heard learned Counsel for the revision petitioner/AO and learned Special Public Prosecutor for ACB Cases appearing for the respondent/complainant.