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2014 Supreme(AP) 271

KALYAN JYOTI SENGUPTA, SANJAY KUMAR
O. M. Debara – Appellant
Versus
Government of Andhra Pradesh General Administration (SPL. C) Department Secretariat, Rep. by Chief Secretary – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:G. Mohan Rao, Advocate.
For the Respondents:R1, R2, Additional Advocate General, assisted by Government Pleader for General Administration Dept., and Government Pleader for Home Department, R3, V. Ravi Kiran Rao, Special Standing Counsel for Anti Corruption Bureau, R4, J.V. Prasad, Advocate.

Judgment :

KalyanJyoti Sengupta, J.

This public interest litigation has been filed in the year 2012 asking the following reliefs:

(i) “To issue necessary directions and guidelines to ensure the functional independence and integrity of the 3rd respondent institution in registration, investigation and prosecution of public servants accused of offences under the Prevention of Corruption Act, 1988 and the matters connected therewith;

(ii) to monitor the investigation into bribes received by public servants and others from liquor syndicates in the State by issuing continuing Mandamus to ensure that the 3rd respondent carries out their public duty to investigate into the offences disclosed against all the persons involved irrespective of their status and position in the Government and society and to ensure the logical conclusion to the investigations;

(iii) to declare the Para No.2(i) & (ii) of the Memo No.595/SPL.B3/99-2, dated 29.12.1999 issued by the 1st respondent with regard to the registration of cases against Members of Legislatures, as arbitrary, illegal, without jurisdiction, ultra vires the provisions of Prevention of Corruption Act and Criminal Procedure Code and contrary to



























































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