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.