SHAIK MASTAN VALI Vs. STATE OF A. P.

JUDGEMENT

(1.) The present Writ Petition, in the form of Public Interest Litigation, came to be filed by one Shaik Mastan Vali, Ex-Service Man seeking issuance of a writ of mandamus for quashing G.O.Rt.No.379 dated 09.05.2017 and further to direct the court of Additional Judicial First Class Magistrate, Giddalur to proceed in P.R.C.No.37 of 2016 in accordance with law.

(2.) The facts in issue are as under:-

(3.) The present Writ Petition came to be filed questioning the authority of the first respondent viz., the State of Andhra Pradesh represented by its Principal Secretary to issue the said G.O. under Section 321 Cr.P.C. It is pleaded that the power under Section 321 Cr.P.C., should be confined only to such cases, where no evidence could be gathered by the prosecution with reference to the facts of such cases. It is further stated that the impugned G.O. is not disclosing any reasons for its issuance. Since the criminal prosecution cannot be scuttled down in such a manner, by the persons in authority, he pleads that the action of the first respondent in issuing the said G.O. is illegal, improper and incorrect.