High Court · 2025

T.he State of Telangana, through the lnspector of police, ACB, CitV Ranqe_ll. Hyderabad rep. by its Public Prosecutor, A.p. Hiqh Court of Juiiicatuie at Hyderabad For the state of rerangana and For the State of Andhra pradesh. Sri B. I\/ahender Rao, S/o. B.Kanaka Rao, Aged about 64 Vears. previouslv District lnspector, .Legat Metrology, Nilam-abad, ruo. fi.f.lo.' 1_iZlii. Maheshwar Nagar, Habsiguda, Hyderabad. lmt Tej pegp covernment of A.P., Hyderabad. The. State of Telangana, rep. by E.O. Secretary, Government Consumer affairs, Food and Civil Supplies (VS) Department, Secretariat, Hyderabad. Menon, Former Controlter of Legat Metrology, ^Kqyr.

5. The Director General, Anti Corruption Bureau, Telangana, Hyderabad. 6. Union of lndia-, rep._by_ its secretary to Government, Department of personnel and Training, New Delhi.

7. lnigl of lndia, rep. by its Secretary to Govemment, Home Department, New Delhi. B. The State of Te,langana, rep, Qy its Chief Secretary to Government, General Administration, Secretariat, Hyderabad. (RR6 to I are impleaded as per C.O. dt. 114t2016 in WpMp.No.12885/16) Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus, declaring and the selective method of initiation ...RESPONDENTS and continuation of Criminal Proceedings pending in CC No.2 of 2012 against the petitioner pursuant to the defective and erroneous sanction of prosecution granted by the 4th respondent in G.O.Ms.No.23 Consumer Affairs, Food 5mp, Civil Supplies (VS) Department dated 6-4-2011 so as to shield and protect the 3rd respondent from the Criminal liability including charge sheet as being arbitrary, illegal, discriminatory and amounting to abuse of Process of court and vitiated by delay and contrary to the provisions of S.19 of the Prevention of Corruption Act. l.A. NO: 1 OF 2016(WP MP. NO: 4108 OF 2016) Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings in C.C.No.2/2012 on the file of the Principal Special Judge for SPE & ACB Cases, Hyderabad. Counsel for the Petitioner: SRI M.BHARAT SHAH, REP. FOR SRI D.LINGA RAO Counsel for the Respondent No.1, 5 & 8: SRI T.BALA MOHAN, SC-CUM.SPL PP FOR ACB Counsel forthe Respondent No.3: SRI SRIKRISHNA REDDY.M, REP. FOR SRI S.SRI RAM Counsel for the Respondent No.4: SRI NAGARAJU, AGP FOR CIVIL SUPPLIES Counsel for the Respondent No.6 & 7: Dy. SOLICITOR GENERAL OF INDIA The Gourt made the following: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No. 3232 0F 2016 ORDE R: This writ petitron is fired under Arricre 226 0f constitution of rndia seeking the following relief "...1o issae an appropriate writ, order or directrcn. more pafticularty, one in the nature of Writ of Mandamus, by dectaring and the selective method of initiation and continuation of Criminat Proceedings pending in C C.No 2 of 2012 against the petitioner pursuant to the clefective and erroneous sanction of prosecution granted by the 4th respondent in G.O.l4s. No.23 Consumer Affairs, Food & civir suppries (vs) Department dated 6-4_2011 so as to shierd and protect the 3'd respondent from the criminal liability including charge sheet as being ahitrary, i egat, discriminatory and amounting ro abuse o/ process of couft and vitiated by deray and contrary to the provisron.s of s. 1g of the Prevention of corruption Act ancl topass such other orders. ..,,

2. lhave heard I\Ir. lVl.Bharat Shah, learned counsel, representing lvlr. D.Linga Rao, learned counsel for the petitioner, [r/r. T.Bala tVlohan Reddy' rearned standing counser-cum-Speciar pubric prosecutor for ACB Cases, representing respondent Nos.1, 5 and g, IVlr.Srikrishna Reddy ItI, learned counsel, representing Mr.S Sriram, learned counsel for respondent No.3 and l\4r.Nagaraju, learned Assistant Government ) .Preader for civir supplies, representing respondent No.4. \ ! )

3. Learned counsel for the petitioner would submit that granting of sanctionofprosecutionbyrespondentNo.4andcontinuanceofcriminal proceedingsinC'C.No,2of2ol2havebeenchallengedinthispetition.

4.LearnedSpecialPublicProsecutorwouldsubmitthatthetrial proceedings in C.C.No.2 ol 2012 have been culminated and the matter is listed for arguments on21 -O8.2025. E lhave perused the materials on record

6. Having regard to the submissions and the developments transpired during pendency of this writ petition and the advance stage of Calendar Case, keeping open liberties to contest as to sanction of prosecutionbeforethetrialCourt,thisWritPetitionisdisposedof.No order as to costs. Pending miscellaneous applications, if any, shall stand closed //TRUE COPY// SD/. V.HARI PRASAD DEPUW REGISTRAR SECTION OFFICER To, \ i 1 The lnsoector of Police, ACB, City Range-ll, ' ProlecJtor, A.P' High Court of Judicature at iLiinsJn;'r"d For t6e State ofAndhra Pradesh erabad reP. bY its Public Hvd erabad For the State of State of Telangana

2. The E.O. Secretary, Government Consu.mer affairs' Food and Civil Supplies - itSl o"p".trini, S6cretariat, Hyderabad' State of Telangana' 3.TheDirectorGeneral,AntiCorruptionBureau,Telangana'Hyderabad'

4.ThesecretarytoGovemment,DepartmentofPersonnelandTraining,New Delhi, Union of lndia.

5. The Secretary to Govemment, Home Department' New Delhi' Union of lndia' t { I ment' G ene ra I Ad m i nistration, secreta riat, ' Il:",.Tfj, :?if #"i:,3,".';rn 7. One CC to SRI D.L|NGA RAO, Advocate tOpUCl B. One CC to SRt S.SR| RAM, Advocate tOpUCl 9. One CC to SRt T.BALA MOHAN, SC-CUM_SPL pp FOR ACB tOpUCl 10 .ne cc to Dv. solrcrroR GE_NERAL OF rNDrA, High court for the state of " L*r?r:3;l"rr"ff?i clvlL suPPLlES, Hish court for the State of retangana 12.Two CD Copies tetangana at Hyderabad tOpUaI- BSR t HIGH COURT DATED:21 10812025 CC TODAY ORDER ti[,:; ) ['r stP ?ffi5 WP.No.3232 o12016 \:1.- { ^ t DISPOSING OF THE WRIT PETITION, WITHOUT COSTS l I I I I I I I I I t I I ! I i I I i I I I i I I i I I i I i