This is the order by the High Court of Andhra Pradesh which was set aside by the hon’ble Supreme Court here.
Category: High Court of Andhra Pradesh Judgment or Order or Notification
Shaik Asma & Anr Vs State of AP on 08 February, 2017
Even though Sessions judge convicted the mother and father of the sex victim for giving inconsistent evidence under IPC 193 read with CrPC 344, Hon’ble High Court of AP did a U turn and modified the order that,
Therefore, keeping in mind the fate of children, who attained marriageable age, I deem it appropriate to set aside the substantivesentence of imprisonment imposed against the first appellant, who is a woman, while confirming the fine amount of Rs.500/- and thesubstantive sentence of imprisonment imposed against the secondappellant is reduced to 15 days, while confirming the fine amount of Rs.500/- as the alleged perjury appears to be intentional but toprotect the children’s future to wipe out the stigma on the chastity ofdaughter.
Read the Sessions Judge Order here.
P.Parameshwar Reddy Vs The State Of Telangana on 10 August, 2015
Hon’ble High Court of Andhra Pradesh has held that,
The invocation of jurisdiction under extraordinary powers vested in this Court cannot be allowed to a person, who comes to the Court with unclean hands or suppressing material facts in order to gain advantage. The petitioner cannot take advantage of the lethargy or inaction on the part of the Government Officers. If the petitioner is really aggrieved, this Court will extend its helping hand in accordance with the provisions of the Constitution of India or/and the laws framed under it. But, this Court will never encourage misuse of process of this Court. This Court cannot be used for the purpose of getting interim orders to protect an unlawful need/demand of the litigants who are greedy. This is a sacred institution and it cannot be allowed to be polluted by unscrupulous litigants.
Finally,
In view of the suppression of fact of dismissal of W.P.No.25217 of 2003 on 16.11.2009, and not disclosing complete facts with regard to the case of the petitioner, this Writ Petition is dismissed with exemplary costs of Rs.5,000/- (Rupees five thousand only) payable by the petitioner to the Telangana Legal Services Authority within a period of four weeks.
Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in
Shaik Riayazun Bee Vs The State Of A.P. on 1 June, 2016
Curious point in this judgment of Hon’ble High Court of Andhra Pradesh, is that
It is true by virtue of marriage between A1 and complainant, the relatives of one side became relatives of both sides in a general sense. However, for the strict construction of penal provision under Section 498A, A6 who was the relative of the complainant, cannot be said to be the relative of the husband of the complainant i.e.A1. For this reason and also for the reason that no allegations of cruelty falling within the meaning of Section 498A IPC and the allegations touching other offences are made against A6, she deserves quashment of the proceedings.
Movva Raja Ram Vs State Of A.P. on 18 June, 2013
Hon’ble High Court of Andhra Pradesh has quashed the proceedings under IPC 498A, just because husband didn’t respond while he was on his personal tour, the knife alleged illicit relationship to her husband. And the Court rightly dust-binned the case as illicit relationship does not attract IPC 498A provisions, even if taken to be true.
Eesampalli Srinivas Vs The State of Andhra Pradesh on 2 December, 2017
This judgment from Hon’ble High Court of Andhra Pradesh confirms the conviction and sentence imposed by the trial Court in a IPC 302 case which also had IPC 498A and 34.
Interesting element in this case is, apart from the accused’s own plea of guilty while charges were read over to and being filed against him, it was his 9 year old daughter’s eye witness statement, which got him convicted.
Sivangala Thandi Deepak & Others Vs The State of A.P. on 11 July 2014
This quash judgment from Andhra Pradesh High Court, albeit dismissed, has some legal points discussed apart from citing good earlier judgments which clarified the position of law in case of out of jurisdiction cases.
Observation
In the present case, the second respondent was driven out from the matrimonial home from Mumbai. The second respondent went to the house of her parents at Tenali. In view of Manish Ratan (2 supra), Tenali Courts do not get territorial jurisdiction merely because the second respondent returned to Tenali. However, in view of Geeta Mehrotra (5 supra), where the Supreme Court held that the question of territorial jurisdiction shall be determined by the trial Court and not in a petition u/s.482Cr.P.C., I consider that this petition is misconceived.
Next Step in Summary
File the discharge petition at trial court before charged/issues are filed against the accused.
Judgments cited in this judgment
- Ramesh v. State of T.N
- Manish Ratan v. State of M.P.
- Y. Abraham Ajith v. Inspector of Police, Chennai
- Nadimpalli Lakshmana Varma v. State of A.P.
- Geeta Mehrotra v. State of Uttar Pradesh
Markapuram Siva Rao and Ors Vs State of Andhra Pradesh on 30 April, 2013
Important Quash Judgment for Hon’ble High Court of Andhra Pradesh.
All 6 (out of total 7 respondents) in this DVC are freed by quashing the DVC proceedings initiated on them as the allegations are replica of those made in IPC 498A Case and moreover the allegations are vague and general in nature.
Observation by Hon’ble Judge:
The allegations made in the said report are verbatim identical with the report lodged with the Project Officer. It appears that a report was prepared and copies of which were sent to police station and Project Officer.
Citation:
Indiankanoon.org link: https://indiankanoon.org/doc/160109228/
The index page is here.
Sirangai Shoba @ Shoba Munnuri Vs Sirangi Muralidhar Rao on 19 October, 2016
Another gem of a judgment from Justice B. SIVA SANKARA RAO where in he allowed examination of accused via Skype
Dasam Vijay Rama Rao Vs M.Sai Sri on 17 June, 2015
Hon’ble of Andhra Pradesh High Court has allowed permission for a GPA of a petitioner, to represent the petitioner and depose on his behalf in the court of law.
In view of the above clear cut pronouncement, it is evident that a GPA holder can depose and also lead evidence on behalf of his principal.
Learned Family Court Judge also appears to have entertained an apprehension as to whether the Family Court can entertain an application presented by a legal practitioner in view of the provision contained in Section 13 of the Family Courts Act, 1984.
From the very preamble of the Family Courts Act, 1984, one would gather that every endeavour is required to be made by the Family Court to assist the parties in arriving at a speedy settlement of disputes relating to the marriage and/or family affairs. That explains the reason Section 9 of the said Act provided for an appropriate legal environment for settlement of the disputes in an amicable manner. The parties are not only required to be assisted, but also required to be persuaded by the Judge in arriving at a settlement while keeping in view the importance of protecting and preserving the institution of the marriage between the parties. To the extent possible, the Family Court is required to utilize its skills and wisdom gained over long period of time by careful study of the ills of the society and then finding suitable cure for them and hence, the Family court must try to bring about a reconciliation of the disagreements persisting between the parties. However, when two parties to a marriage come before a Family Court and ask for dissolution of their marriage by mutual consent under Section 13-B of Hindu Marriage Act, 1955, the Court is required to adjourn the motion moved by both parties by a period not earlier than six months, as per sub Section 2 of Section 13-B of the Hindu Marriage Act. Further, Sub Section 2 requires that the Court shall, on being satisfied, after hearing the parties and after making such enquiry as it thinks fit with regard to the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of such decree. Therefore, there may have been a genuine apprehension in the mind of the Family Court Judge as to whether there is any possibility of reconciliation between the parties or change of mind with regard to consent expressed earlier for such dissolution, when the petition is returned by it.
Keeping the very object behind the Family Courts Act, 1984, read with the spirit behind Section 13-B of the Hindu Marriage Act, the Family Court could have entertained the interlocutory application in as much as legal practitioners are not totally forbidden from rendering assistance to the Family Court. One of the reasons why Section 13 of the Family Courts Act, 1984, declared that no party to a suit or proceeding shall be entitled as of right to be represented by a legal practitioner sans technicalities or legal necessities, the parties must be helped by the Court to reconcile the disputes persisting between them. Unlike a traditional setup of the Court, where the Presiding Judge has to maintain not only an equiy distance between the parties to a lis, but also maintain a sense of impartiality towards the cause of both sides and essentially was required to maintain an arms length distance from the parties, in a Family Court, the Judge is donning the robes of a facilitator, a mentor and an expert counselor. A slight tilt in the approach to one of the parties in a Family Court, depending upon the facts and circumstances prevailing in the case and if the ends of justice would be better served by dosing so, is allowable. The emphasis being laid upon essentially preserving the institution and interest of the marriage and the welfare and well-being of the parties etc. Hence, the Family Court is entitled to receive, examine and act upon an affidavit filed by one of the parties before it, acting through a GPA. A petition moved in that regard is maintainable.
Finally,
I am, therefore, of the opinion that the Family Courts are entitled to ascertain the views of the parties and for that purpose adjourning a case by a reasonable period is not to be frowned upon. But, however, if one of the parties, like in the present case, appears before the Family court and expresses no objection for an affidavit of the other party to be taken on record and is not desirous of cross examining the deponent of the affidavit, the Family Court cam entertain, unhesitatingly any such move/application.
Increasingly Family Courts have been noticing that one of the parties is stationed abroad. It may not be always possible for such parties to undertake trip to India, for variety of good reasons. On the intended day of examination of a particular party, the proceedings may not go on, or even get completed possibly, sometimes due to preoccupation with any other more pressing work in the Court. But, however, technology, particularly, in the Information sector has improved by leaps and bounds. Courts in India are also making efforts to put to use the technologies available. ‘Skype’ is one such facility, which is easily available. Therefore, the Family Courts are justified in seeking the assistance of any practicing lawyer to provide the necessary skype facility in any particular case. For that purpose, the parties can be permitted to be represented by a legal practitioner, who can bring a mobile device. By using the skype technology, parties who are staying abroad can not only be identified by the Family Court, but also enquired
about the free will and consent of such party. This will enable the litigation costs to be reduced greatly and will also save precious time of the Court. Further, the other party available in the Court can also help the Court in not only identifying the other party, but would be able to ascertain the required information.
Citations : [2015 ALD 4 757], [2015 ALT 5 150], [2015 AIR AP 191]
Other Sources :
https://indiankanoon.org/doc/123683887/
https://www.casemine.com/judgement/in/5608f8e1e4b01497111439d9