YERNENI RAJA RAMCHANDER ALIAS RAJABABU Vs. STATE OF A P
LAWS(SC)-2009-8-105
SUPREME COURT OF INDIA
Decided on August 04,2009

Shri Yerneni Raja Ramchander @ Rajababu Appellant
VERSUS
State Of A. P. And Ors. Respondents

JUDGEMENT

S. B. Sinha, J. - (1.) Leave granted.
(2.) These appeals involving common question of law and fact were taken up for hearing together and are being disposed of by this common judgment.
(3.) Appellants are before us aggrieved by and dissatisfied with a judgment and order dated 20.4.2009 passed by a Division Bench of the High Court of Judicature of Andhra Pradesh at Hyderabad dismissing their writ petitions; the prayer made wherein reads as under : "... to issue an appropriate writ, order or direction, more particularly, one in the nature of Writ of Mandamus declaring the action of the Respondents in trying to protect the 4th Respondent, who has misappropriated the public funds to the tune of Rs. 4,14,566/- by fabricated documents and cheating from being prosecuted for the offences committed under Sections 420, 463, 468 and 471 read with Section 120B of IPC, by issuing consecutive G.Os., i.e., G.O. Rt. No.1617, Home (Legal. II) Department, dt.3.11.2007 and G.O. Rt.No.407, Home (Legal. II) Department, dt. 5.3.2008 and tampering with the course of justice by getting filed consecutive petitions to withdraw the prosecution and interdicting the due process of law by invoking the power conferred on them under Section 321 of the Criminal Procedure Code, 1973 as illegal, unjust, arbitrary, discriminatory, capricious, irrational whimsical and unconstitutional, apart from contrary to the doctrine of Rule of Law and a blatant attack on the criminal justice system of this country and is the result of favouritism and based on collateral, extraneous, political and partisan considerations and violative of Article 14 of the Constitution of India, after declaring Section 321 of the Criminal Procedure Code, 1973 as violative of Article 14 of the Constitution of India and also violative of Rule of Law and contrary to the Doctrine of Separation of Powers and has the effect of scuttling the judicial process by enabling the State Executive to interfere with the adjudicative process and a constitutional anachronism and colonial legislation which is not in conformity with the Constitution of India and consequentially set aside G.O. Rt. No.407, Home (Legal.II) Department dated 5.3.2008 and pass such other order or orders as are deemed fit and proper in the circumstances of the case." ;


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