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2009 Supreme(AP) 184

B.PRAKASH RAO, R.KANTHA RAO
State of Andhra Pradesh, Department of Legislative Affairs and Justice – Appellant
Versus
Margadarsi Financiers rep. by Ramoji Rao – Respondent


Advocates appeared:
Mr. C. Padmanabha Reddy, Senior Counsel for Mr. B. Nalin Kumar, Counsel for Writ Petitioners.
Advocate General and G.P. for Home for Respondent Nos.1 and 4 in W.P. and for Appellants in W.As.
Mr. Mohd. Ali, Counsel for Respondent Nos.2 and 3inW.P.
Mr. Posani Venkateswarlu, Counsel for Respondent NO.1 in W.A. 1254 of 2008.
Mr. K. Suresh Reddy, Counsel for Respondent NO.1 in WA 1498 of 2008.
Mr. C.B. Rammohan Reddy, Counsel for Respondent No.4 in WA 1498 of 2008.

JUDGMENT (Per B. Prakash Rao, J.)

Since all these matters involve a common questions of law, they are being taken up together for disposal, though each varies on facts.

2. In W.A.1215 of 2008 and WA (SR) 109236 of2008 the State of A.P is the appellant, filed as against the interim orders of suspending the impugned proceedings by the learned Single Judge in W.P.M.P. No.25088 and 25089 of2008inW.P.192310f2008.

3. When these appeals came upforhearing, at the request and consent of the counsel on either side, the main writ petition in W. P .19231 of 2008 itself was taken up for final disposal.

4.lnW.P.19231of2008thepetitionersare the Margadarshi Financers and Sri Ramoji Rao, who sought for Writ of Mandamus to declare the impugned proceedings in G.O.Rt.No.315 Law (LA & J. Home-'A2') Department dated 19-02-2007 issued by the State Government purportedly in exercise of powers under sub-section (8) of Section 24 of Code of Criminal Procedure 1973 appointing the respondent NO.2 as a Special Public Prosecutor under Section 45 T (1) of the Reserve Bank of lndia Act, 1934forthepurpose of filing of applications and complaints under Section 58 (E) of the said Act and prosecute them, as arbitrary, di









































































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