Law officers not govt servants, says HC, quashes FIR against 2

Hyderabad: The Telangana high court has held that law officers are not govt officials and quashed the FIR booked against two additional public prosecutors for participating in a political rally.
The two additional PPs, G Shyam Rao and P Samaiah, were subsequently removed from service in Jan based on the FIR charging them under IPC section 188 and section 129 of Representation of The People Act.They later approached the high court urging it to quash the FIR.
The FIR was booked by Bodhan Town police in Nizamabad against the two additional PPs working at Bodhan courts based on a complaint against them for taking part in a political rally for BRS Bodhan candidate during polls last year. Senior counsel V Ravi Kiran Rao argued that the contents of the complaint were false.
“They hold a tenure post and are not regular govt employees who come under state service and conduct rules. The relationship between the state and the law officers is not that of a master and servant relationship,” he said.
Agreeing with him, Justice K Sujana said that perusal of Section 188 of IPC would reveal that this section was not applicable to the present case. Further, there was a bar under Section 195 (1) (a) of CrPC as per which a written complaint has to be filed by a public servant or an authorised officer and it was not followed in the present case.
“That apart, the petitioners are also charged for the offence punishable under Section 129 of the RP Act. This section is also not applicable to the present case as it is only applicable to govt officers who are discharging their functions as election officers. In the present case, there is no complaint given by a public servant or an authorised officer,” Justice Sujana said while quashing the FIR.