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Showing contexts for: function of functionary in Vemuri Radha Krishna vs The State Of Andhra Pradesh on 30 July, 2024Matching Fragments
Learned Additional Advocate General would submit that there is no quarrel with regard to principles laid down by the Hon'ble Apex Court in K.K.Mishra Versus State of Madhya Pradesh and Another, on Section 199(2), 4 and 6 of Cr.P.C. 1973, wherein it was held that "the offence alleged to have been committed must be in respect of acts/conduct in discharge of public functions of the functionary or public servant concerned, as may be".
He would further submit that in the light of acts alleged in the complaint relating to the present case, which relates to a report published in newspaper about investigation in a criminal case, necessary orders may be passed, in view of the judgment of the Hon'ble Apex Court.
Contd., ::3::
Considering the above submissions of the learned counsel for the petitioner and learned Additional Advocate General, and in view of the judgment of the Hon'ble Apex Court in K.K.Mishra Versus State of Madhya Pradesh and Another, where the Hon'ble Supreme Court held that the offence alleged to have been committed must be in respect of acts/conduct in the discharge of public functions of the functionary or public servant concerned, as case may be, and considering the allegations made in the impugned complaint filed by the 2nd respondent, "there shall be interim stay as prayed for including appearance of the petitioner for a period of six (06) weeks".