Supreme Court · 2014 INSC 512 · Decided 31 July 2014
Bairam Muralidhar v. State of Andhra Pradesh
- Court
- Supreme Court of India
- Citation
- 2014 INSC 512 · [2014] 8 S.C.R. 328
- Case number
- CRIMINAL APPEAL No. 1587/2014
- Decided
- 31 July 2014
- Bench
- DIPAK MISRA, PINAKI CHANDRA GHOSE (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 366(A); CrPC Section 321, 482; Prevention of Corruption Act Section 13(2)
Headnote
CODE OF CRIMINAL PROCEDURE, 1973: C s. 321 - Withdrawal from prosecution - Duty of Public Prosecutor - Case alleging offences punishable under Prevention of Corruption Act registered against a Sub­ lnspGctor of Police investigating a case - State Government issuing a G. 0. to withdraw the case Prosecutor for withdrawal of the case - Rejected by D trial court holding that Public Prosecutor did not apply his independent mind - High Court concurred with the view of trial court - Held: Public Prosecutor cannot act like post office on behalf of State Government - He is required to act in
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