IN THE COURT OF THE SPECIAL JUDGE FOR TRIAL OF SPE & ACB CASES,
RAJAHMAHENDRAVARAM
Present: Smt.A.Gayathri Devi,
Special Judge for trial of SPE & ACB Cases,
Rajahmahendravaram
Thursday, this the 19th day of November, 2020
R.C.No. 1 of 2020 in Cr.No.6/RCARJY/2014
Between: Palla Nageswara Rao, S/o.Satyanandam, Deputy Executive Engineer, Projects Samarlakota, Peddapuram, A.P.S.H.C.Limited, E.G.District, R/o.D.No.7017/A52, Flat No.B1, Sridevi Apartments, Sashikanth Nagar, Near Water Tank, Kakinada, East Godavari District. … Accused Officer
And
The State, Rep.by Inspector of Police, Anti Corruption Bureau, Rajamahendravaram Range,
Rajamahendravaram. ... Complainant
This petition coming on 12112020 for final hearing before me in the presence of Complainant and Spl.Public Prosecutor and the matter having stood over for consideration till this day, this court delivered the following:
O R D E R
TheInspectorofPolice,ACB,RajamahendravaramRange,
Rajamahendravaram filed final report under Section 173 (2) Cr.P.C seeking to close the case in Cr.No.06/RCARJY2014 of ACB, Rajamahendravaram Range.
2.Heard the complainant and the learned Special Public Prosecutor.
3.The Inspector of Police, ACB, Rajamahendravaram Ranage registered a case in
Cr.No.06/RCARJY2014 under Sec.13(2) r/w 13(1)(e) of P.C.Act, 1988 of ACB,
Rajahmundry Range against the Accused Officer viz., Palla Nageswara Rao,
S/o.Satyanandam, Deputy Executive Engineer, Projects, Samarlakota, Peddapuram,
APSHC Limited, East Godavari District. It is alleged that the Accused Officer acquired assets disproportionate to the known sources of income during the check period from 02051990 to 22042014 to a tune of Rs.1,39,35,773/. The Anti
Corruption Bureau, Rajamahendravaram Range recommended for prosecution of
Accused Officer and requested for sanction for the alleged offences and also sought for departmental action under Rule 9(1)(2) and (7) r/w 3(1)(2) of A.P.C.S.Conduct
Rules, 1964.
2
4.While so the accused officer has submitted a representation before the
Government along with relevant documents in support of his version and pleaded to drop further action against him. In consideration of the representation submitted by the Accused Officer, the Government in Memo No.2195/VC/A1/20145, dated 19032019 has requested the D.G., ACB, A.P to furnish the revised draft articles of charge along with relevant documents to be mentioned in Annexures III & IV before the Commissioner of Enquiries to conduct regular enquiry against the Accused
Officer. Accordingly the Director General, ACB, A.P., Vijayawada in Memorandum vide R.C.No.112/RCAREG2014, dated 15092020 instructed the complainant to file closure of FIR and to take back the records from the Court for filing before the
Enquiry Officer. It is submitted by the complainant in his final report dated 2809 2020 that the Government after careful examination of the matter decided to refer the case to the Commissioner of Enquiries instead of Prosecution in Memo
No.2195/VC/A1/20146, dated 21052020 of the Principal Secretary to
Government, A.P., Amaravathi and prayed to close the FIR.
5.The served copy of notice issued under Section 173(2)(ii) Cr.P.C to the complainant informing him of the action being taken as mentioned in the final report was also filed. The complainant i.e., thethen Inspector of Police, ACB,
Rajamahendravaram Range now working as Inspector of Police, Pithapuram Circle,
East Godavari District in pursuance of notice served through Court appeared in person and filed memo submitting that he has no objection against the Memo issued by the Government in referring the case against the Accused Officer to the
Commissioner of Enquiries instead of Prosecution and to close the FIR.
6.In consideration of the aforementioned circumstances, as the Government has decided to refer the case to the Commissioner of Enquiries instead of according sanction to prosecute the Accused Officer, the final report filed by the complainant i.e., Inspector of Police, ACB, Rajamahendravaram Range, Rajamahendravaram is accepted. Consequently F.I.R in Cr.No.06/RCARJY2014 under Sec.13(2) r/w 13(1)(e) of P.C.Act, 1988 of ACB, Rajahmundry Range against the Accused Officer is closed.
Typed to my dictation directly by the Stenographer, corrected and pronounced by me on this the 19th day of November, 2020. Sd/ Sunitha Kondabolu
SPL. JUDGE FOR SPE & ACB CASES,
RAJAHMAHENDRAVARAM.
Copy to the Inspector of Police, Anti Corruption Bureau, Rajamahendravaram Range, Rajamahendravaram.
Sec.5 petition. Since the final report submitted by the complainant against the accused officer is accepted and FIR is closed, no further orders are necessary. Hence, the petition is closed.
Attachment Petition
Since the final report filed by the complainant is accepted and FIR against accused officer is closed, this petition is also closed as no further orders are necessary. Consequently adinterim attachment is raised.