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2009 Supreme(AP) 289

SANJAY KUMAR, V.ESWARAIAH
M. Satyanarayana Raju, West Godavari District – Appellant
Versus
Union of India, rep by its Secretary law and Legislative Affairs – Respondent


Advocates appeared:For the Petitioner:K.R. Prabhakar, Advocate. For the Respondent:R1, A. Rajasekhar Reddy (Asst. Solicitor General), R2, Gp For Home, R3, Gp For Law & Legislative Affairs, R4, K. Suresh Reddy, Advocate.

Judgment :

V. EswaraiahCommon issues arise in these three cases, rendering them amenable to a conjoined disposal. Presently, the writ petition.

The prayer in the writ petition is as hereunder:

“… to issue an appropriate writ, order or direction, more particularly, one in the nature of Writ of Mandamus declaring the action of the Respondents in trying to protect the 4th Respondent, who has misappropriated the public funds to the tune of Rs.4,14,566/- by fabricated documents and cheating, from being prosecuted for the offences committed under Sec.420, 463, 468 and 471, r/w. Sec.120 B of IPC, by issuing consecutive G.Os., i.e. G.O.Rt.No.1617, Home (Legal.II) Department, dt.3.11.2007 and G.O.Rt.No.407, Home (Legal.II) Department, dt.5.3.2008 and tampering with the course of justice by getting filed consecutive petitions to withdraw the prosecution and interdicting the due process of law by invoking the power conferred on them under Section 321 of the Criminal Procedure Code, 1973 as illegal, unjust, arbitrary, discriminatory, capricious, irrational, whimsical, and unconstitutional, apart from contrary to the doctrine of Rule of Law and a blatant attack on the criminal justice system of








































































































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