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2024 Supreme(AP) 238

RAVI NATH TILHARI, R. RAGHUNANDAN RAO
B. Ramakoteswara Rao – Appellant
Versus
State of Andhra Pradesh – Respondent


Advocates appeared:
Sri M. Ravindranath Reddy, Senior Counsel representing Sri B. Srinarayana, Counsel for Petitioner; Advocate General, Counsel for Respondents 1 & 3; Sri Vivek Chandrasekar S., Counsel for Respondent No.2, Sri V.R. Reddy Kovvuri, Counsel for Respondent No.4

ORDER

R. Raghunandan Rao, J. - Heard Sri M. Ravindranath Reddy, learned Senior Counsel appearing for Sri B. Srinarayana learned counsel for the petitioner, learned Advocate General for respondents 1 and 3, Sri Vivek Chandrasekhar S., learned counsel appearing for respondent No.2 and Sri V.R. Reddy Kovvuri, learned counsel appearing for respondent No.4.

2. The petitioner, who is presently working as the Additional Director of Prosecutions, Andhra Pradesh, being aggrieved by the appointment of the 4th respondent as the Director of Prosecution, Andhra Pradesh, has filed the present writ petition challenging the said appointment and also sought other reliefs. The prayer in the writ petition after it's amendment, allowed by the order of this Court, dated 03.10.2023, in I.A.No.2 of 2023 reads as follows:

    i) declare the concurrence accorded by the 2nd respondent and the appointment of the 4th respondent as Director of Prosecutions, Government of Andhra Pradesh vide G.O.Rt.No.552, Home (Courts-A) Department, Dated 22.05.2023, as Arbitrary, Malafide and illegal as it is

    a) contrary to Sections 2(u), 24(6), 24(9), 25-A and 301 of the Code of Criminal Procedure, 1973 (Cr.P.C.) read with Rule 3(1)

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