NAME DASARATH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Delay condoned. Leave granted.

(2.) The Appellant worked as an Assistant Excise Superintendent, Excise Superintendent, Assistant Commissioner of Prohibition and Excise and Deputy Commissioner of Prohibition - and Excise, Government of Andhra Pradesh. After the investigation, a chargesheet was filed against him Under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988. Thereafter, by an order dated 04.02.2009, the Government of Andhra Pradesh passed an order for withdrawal of the prosecution against the Appellant and accordingly instructed the Public Prosecutor to file a petition before the Court of the Principal Special Judge for SPE and ACB cases, Hyderabad Under Section 321 Code of Criminal Procedure for withdrawal of the prosecution. Pursuant to the said order, the Public Prosecutor filed a petition for withdrawal Under Section 321 Code of Criminal Procedure but the Principal Special Judge for SPE and ACB cases, Hyderabad dismissed the petition for withdrawal by a lengthy order dated 10.01.2011. Aggrieved by the order of the Special Judge, the Appellant filed Criminal Revision Case No. 178/2011 before the High Court but by the impugned order, the High Court has dismissed the Criminal Revision. Aggrieved by the impugned order, the Appellant has filed this appeal by way of special leave Under Article 136 of the Constitution.

(3.) We have gone through the order of the Trial Court and the impugned order of the High Court and find that the Trial Court and the High Court have not correctly appreciated the law laid down by this Court in various decisions particularly in paragraphs 69, 70 and 71 of the majority judgment delivered by Khalid, J. in Sheo Nandan Paswan v. State of Bihar and Ors., 1987 AIR(SC) 877at pages 914, 915 and 916 of the AIR, the relevant portions of which are quoted hereinbelow: