SAFI NAAZ Vs. GOVERNMENT OF A P REP

JUDGEMENT

(1.) THE petitioner was married to the third respondent. Disputes arose between them and the petitioner submitted a complaint to the police alleging offences under sections 498-A and 406 IPC and 4 and 6 of the Dowry Prohibition Act. Alleging that the station House Officer did not take any action on the complaint, the petitioner filed a complaint under Section 200 of the Criminal procedure Code (for short 'the Code') in the court of XXII Metropolitan Magistrate-cum mahila Court, Hyderabad. The trial court directed the Police to enquire into the matter. A final report was filed stating that the complaint discloses a mistake of fact. Not being satisfied with the final report, the trial court took up the trial in C. C. No. 309 of 1995. Ultimately, through judgment, dated 19. 2. 2001, the trial court acquitted the third respondent.

(2.) THE Additional Public Prosecutor in the High Court presented an appeal against the judgment in C. C. No. 309 of 1995, even while forwarding his opinion through letter dated 30. 05. 2001 to the Government in law department. The law department, in turn, issued Memo dated 24. 9. 2001 expressing the view that the Government does not consider it necessary to prefer appeal against the judgment in C. C. No. 309 of 1995. Inasmuch as the appeal was already presented pending the permission from the government, a direction was issued to the additional Public Prosecutor to withdraw the same. The petitioner challenges the Memo dated 24. 9. 2001.

(3.) IT is urged that the impugned memo is contrary to the various provisions of the code, including Section 321. Submissions are made touching on merits also.