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2014 Supreme(SC) 550

DIPAK MISRA, PINAKI CHANDRA GHOSE
Bairam Muralidhar – Appellant
Versus
State of Andhra Pradesh – Respondent


JUDGMENT

Dipak Misra, J.

1. Leave granted.

2. In this appeal, by special leave, the assail is to the defensibility of the order dated 8.12.2011 passed by the High Court of Judicature of Andhra Pradesh at Hyderabad in Criminal Petition No. 1125 of 2010 whereby the learned Single Judge has concurred with the view expressed by the Principal Special Judge for SPE and ACB Cases, City Civil Court, Hyderbad in Crl. P No. 994 of 2009 in C.C. No. 24 of 2007, whereunder the learned trial Judge had declined to grant permission to withdraw the case pending against the accused-appellant in exercise of the power under Section 321 of the Code of Criminal Procedure (for short "the Code").

3. The expose' of facts are the appellant was arrayed as an accused for offences punishable under section 7 and 13 (1) (d) r/w 13 (2) of the Prevention of Corruption Act, 1988 (for brevity 'the Act'). As per the prosecution case the son of one Ranga Dharma Goud fell in love with his neighbour's daughter and both of them eloped on 25.01.2006. The neighbour, Radhakrishna Murthy, lodged an FIR at Kamareddy Town Police Station which was registered as Criminal Case No. 21/2006 under Section- 366(A) of the Indian Penal Cod

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