BHADRACHALAM BAR ASSOCIATION Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) In this petition filed in public interest, Bhadrachalam Bar Association has questioned inaction on. the part of the respondent to establish permanent Judicial First Class Magistrate Court and Fast Track Court at Bhadrachalam for administration of criminal justice system in accordance with the provisions of the Code of Criminal Procedure, 1973, and has prayed for issuance of a writ in the nature of mandamus to create the courts.

(2.) In support of its prayer for issue of mandamus the petitioner has relied on G O.Ms.No.41 dated 25-3-2004 issued by the State Government making applicable the entire Code of Criminal Procedure, 1973, to all the tribal areas in the State and order dated 2-4-2004 passed by the Supreme Court in Writ Petition (Civil) No. 324 of 2004 (A. Sadguru Prasad v. State of A.P. and others).

(3.) On, the last date of hearing i.e., 20-2-2006, the learned Advocate General had made a statement that in view of order dated 2-4-2004 passed by the Supreme Court in Writ Petition (Civil) No.324 of 2004, positive action will be taken by the State to implement the provisions of the Code of Criminal Procedure, 1973 in the entire tribal areas of the State and adequate number of courts will be established in those areas.