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august 2009

Supreme Court of India · 2009-08-04

Sri Yerneni Raja Ramchander @ Rajababu vs State Of A.P. & Ors

Citation / case number
AIR 2009 SC (SUPP) 2859
Court
Supreme Court of India
Petitioner
Sri Yerneni Raja Ramchander @ Rajababu
Respondent
State Of A.P. & Ors
Author
S.B. Sinha
Bench
Deepak Verma, S.B. Sinha

Judgment text excerpt

The Supreme Court addressed the legality of the Andhra Pradesh Government's actions in protecting a Member of the Legislative Assembly accused of misappropriating public funds under Sections 420, 463, 468, and 471 read with Section 120B of the IPC. The Court held that the invocation of Section 321 of the Criminal Procedure Code, 1973, to withdraw prosecution was unconstitutional as it violated Article 14 of the Constitution, undermining the rule of law and the separation of powers. Consequently, the Court set aside the Government Orders that sought to shield the accused from prosecution, reaffirming the integrity of the judicial process.

Sri Yerneni Raja Ramchander @ Rajababu vs State Of A.P. & Ors · Niyam