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2010 Supreme(AP) 1089

A.GOPAL REDDY, ASHUTOSH MOHUNTA
D. Rama Bharathi – Appellant
Versus
D. Bharathi – Respondent


Advocates Appeared:
V: Venkataramana, Counsel for the Appellants;
S.R Sanku, Counsel for the Respondent No.1; Government Pleader for Home, Counsel for the Respondent Nos.2 to 4 and 6; Government Pleader for Revenue, Counsel for the Respondent No.5.

Judgment

A. GOPAL REDDY, J :-This intra Court appeal under Clause 15 of Letters Patent is directed against the orders of the learned Single Judge of this Court, dated 18.4.2009 passed in WP 20389 of 2006 whereby the learned Single Judge allowed the writ petition and set aside the G.O. Rt. No.I646 Home (Legal-II) Department, dated 18.9.2006 addressing the Public Prosecutor to withdraw the prosecution against the writ appellants-respondents 6 to 8 in the writ petition (A 1 to A3).

2. This case amply demonstrates the exploitation of the loopholes in the legal system and in the process thwarting the judicial process at all levels.

3. On a private complaint lodged by the writ petitioner before the X Metropolitan Magistrate, Secunderabad, the Magistrate forwarded the same to the police under Section 156(3) Cr.PC. On receipt of tie said complaint, the police of Gopalapuram Police Station registered a case in Crime No.263 of 2001 against the writ appellants and others for the offences punishable under Sections 420, 463, 465 read with 34 IPC and took up the investigation. After due investigation, police laid the charge-sheet which prima facie disclose the commission of offences punishable unde






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