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Andhra Pradesh High Court reserves judgement on criminal case withdrawal petition
Andhra Pradesh High Court
- Police had registered six FIRs against some of the accused
- However, later there had been no further investigation into the case
Nelapadu (Amaravati): The Division Bench of Andhra Pradesh High Court comprising Justice Rakesh Kumar and Justice Umadevi reserved the order after hearing the arguments on the petition filed by Pasupuleti Ganesh, challenging the GO No 776 which allowed the police to withdraw criminal cases against a large number of youths.
It may be recalled that a mob of 2,000 youth belonging to a community attacked the Old Town Guntur Police Station on May 16, 2018 demanding handing over of an accused that was alleged to be involved in a sexual assault on a minor girl.
The police were grievously injured in the mob attack. The police had registered six FIRs against some of the accused. However, later there had been no further investigation into the case. Meanwhile, the Andhra Pradesh Director General of Police addressed a letter to the AP government recommending withdrawal of the prosecution against the accused. Approving the same, the government issued the impugned GO.
Pasupuleti Ganesh, challenging the GO, filed a writ petition in the High Court and the counsels for the petitioner Phaniduth Chanakya and Suresh Kumar argued that the impugned GO lacks bona fides and it is not sustainable in law. They also argued that allowing prosecution to withdraw the criminal proceedings will definitely be taken as an advantage in future by the anti-social elements and new trends like this will be increased.
The action of the government is nothing but killing the unborn child. As the government and State police are not interested in prosecuting the case, the counsel for the petitioner prayed to hand over the case to any individual investigation agency like CBI or NIA.
The government Pleader for Home, contending the same, argued that the GO is just suggestive nature and the final decision will be in the hands of the magistrate concerned.
After hearing the arguments of both sides and also the CBI and NIA, Justice Rakesh Kumar reserved the order.
