V THUKARAM GOUD Vs. STATE OF A P

JUDGEMENT

(1.) This writ petition is filed seeking to issue a writ of certiorari calling for the records relating to G.O. Rt. No. 1395, dated 5-9-2001 and to declare the action of the 1st respondent in directing the District Collector, Kurnool, to direct the Add1. Public Prosecutor to withdraw the prosecution case against A-1, who is the 2nd respondent herein, in SC No.317 of 2000 on the file of II Addl. District and Sessions Judge, Kurnool, as illegal, arbitrary and against the principles of natural justice and consequently quash the same in the interest of justice.

(2.) The case of the petitioner is that on 30-5-1999 at about 10-15 a.m. he along with his brother-in-law Laxman Goud and another were travelling on Rajdoot motorcycle towards Kurnool side and at that time, the 2nd respondent herein and two others hurled bombs on them and due to the impact of the same, he and his brother- in-law fell down from the motorcycle and he sustained grievance injuries, but is brother-in-law Laxman Goud died immediately. It is further stated that he lodged a complaint with the Police and on the basis of the same a case in Cr.No.76 of 1999 was registered by the SI of Police, IV Town PS, Kurnool, for the offences punishable under Sections 147, 148, 307, 302 read with 149 IPC and Sections 3 and 5 of the Explosive Substances Act. It is further stated that the Police have recorded his statement under Section 161 Cr.PC wherein it was stated that the 2nd respondent and two others are responsible for causing the death of his brother-in-law. It is further stated that the matter was entrusted to the CB-CID for investigation and that the CB-CID again re-examined him and put him under pressure and made him to tell that A-l the 2nd respondent herein, was not present at the time of occurrence of the incident. It appears, basing on the report submitted by the CB-CID to the effect that the involvement of A-1, the 2nd respondent herein, in the offence was doubtful, the Government by the impugned G.O. Rt. No.1395, dated 5-9-2001 directed the District Collector, Kurnool to direct the concerned Public Prosecutor to file a petition under Section 321 Cr.P.C for withdrawing the prosecution case against A-l, the 2nd respondent herein, in SC No.317 of 2000 pending trial on the file of II Addl. District and Sessions Judge, Kurnool, and accordingly a petition was filed by the Public Prosecutor. Kurnool, seeking withdrawal of the prosecution case against A-1, which was allowed by the Sessions Court, Kurnool, by granting permission to withdraw the prosecution case against A-1. It is further stated that as against the said order passed by the Sessions Court, the petitioner seems to have filed Crl.R.C.No.320 of 2002 on the file of this Court and this Court by order dated 17-4-2002 dismissed the said Crl.R.C.No.320 of 2002 on the ground that the Government has power to withdraw the prosecution case if it is satisfied that there is no prima facie case against a person involved in the offence. Hence, this writ petition seeking appropriate directions.

(3.) Heard the learned Counsel for the petitioner, the learned Counsel for the 2nd respondent and the learned Government Pleader for Home.