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Andhra Pradesh: Cases must be lifted only for valid reasons

The apex court said that withdrawal of prosecution can be allowed only in the interest of justice.

Hyderabad: The AP government has not only withdrawn 23 cases against ministers, MLAs and party leaders on charges as serious as molestation and attempt to murder, but has also closed cases of murder, and those under the Explosive Substances Act, the Arms Act and the Narcotics Drugs and Psychotropic Substances Act against others.

Advocate M. Raju Yadav said the Supreme Court, in Rahul Agarwal v Rakesh Jain in 2005, “had set specific guidelines for governments and public prosecutors while using its discretionary powers in withdrawing cases. The apex court said that withdrawal of prosecution can be allowed only in the interest of justice. Even if the government directs the public prosecutor to withdraw the prosecution, and an application is filed to that effect, the court must consider all relevant circumstances and find out whether the withdrawal of prosecution would advance the cause of justice.”

The AP government has withdrawn a case against Rambabu Yadav of Bihar who was booked for criminal conspiracy, attempt to murder, and under the Explosive Substances Act in Vijayawada.

Usually, the police don’t pursue case against Naxalites who have surrendered, by not executing the warrants. Thus, a case registered at the Kasibugga police station in Srikakulam district, for murder, attempt to murder, criminal conspiracy, Explosive Substances Act, Indian Arms Act and AP Public Security Act, against Naxal leaders of the Andhra Odisha Border and their sympathisers was withdrawn.

A case that was allegedly booked for political reasons during the Y.S. Rajasekhar Reddy government, against Kovvur MLA T.V. Rama Rao, for rape, murder, and molestation by the Nidadavole police in West Godavari district, was withdrawn by the TD government.

The government has also withdrawn a case of attempt to murder against one N. Shanmukhar Rao registered at the Kasibugga police station in Srikakulam district. A case of attempt to murder booked against S. Pushpa Rao, son of Balaram, at the Therlam police station in Vizianagaram has also been withdrawn.

( Source : Deccan Chronicle. )
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