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Category: High Court of Andhra Pradesh Judgment or Order or Notification

Ramadugu Omkar Varma Vs Ashok Naik on 24 Jan 2020

Posted on December 23, 2020 by ShadesOfKnife

A Police officer who made an illegal arrest was handed with a sentence of imprisonment for a period of four (04) weeks, and shall also pay fine of Rs.2,000/- in four (04) weeks. The sentence of imprisonment imposed on the respondent is suspended for a period of six (06) weeks.

But then, Court also said the following:

Subsistence allowance at the rate of Rs.200/- per day shall be deposited by petitioner within four (04) weeks.

Ramadugu Omkar Varma Vs Ashok Naik on 24 Jan 2020
Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged Arnesh Kumar Vs State Of Bihar and Anr Misuse or Violation of CrPC 41A per Guidelines in Arnesh Kumar Judgment Police Antics Ramadugu Omkar Varma Vs Ashok Naik | Leave a comment

Rayidi Naga Lakshmi and Anr Vs State of AP and Ors

Posted on December 18, 2020 by ShadesOfKnife

Another Habeau Corpus petition.

On 2020-06-17,

2020-06-17 Rayidi Naga Lakshmi and Anr Vs State of AP and Ors
Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged Rayidi Naga Lakshmi and Anr Vs State of AP and Ors Reprimands or Setbacks to YCP Govt of Andhra Pradesh Writ of Habeas Corpus | Leave a comment

Reddi Govinda Rao Vs State of AP and Ors

Posted on December 18, 2020 by ShadesOfKnife

Two persons were illegally detained and this Writ of HC got filed.

Side note: Connected WPs: Most of these are already entrusted with CBI for further investigation on Police atrocities and excesses.

WP 17122/2019
WP 17099/2019
WP 14544/2020
WP 16306/2020
WP 16343/2020
WP 2167/2020
WP 6554/2020
WP 4434/2020
WP(PIL) 45/2020

On 2020-03-13,

A time of 1 week was granted Government pleader to file proper response to the allegations made in the WP.

2020-03-13 Reddi Govinda Rao Vs State of AP and Ors

On 2020-10-01,

Advocate submits that the Police entered into his residence, after filing of the petition!!! May be an attempt to terrorize the advocate…

The High Court directed the Government Pleader, to come prepared to assist the Court as to whether in the circumstances, which are prevailing in the State of Andhra Pradesh, the Court can record a finding that there is Constitutional Breakdown in the State of not.

Beautiful !!!

2020-10-01 Reddi Govinda Rao Vs State of AP and Ors

Note: Supreme Court passed a stay Order here.


On 2020-11-07,

4 FIRs were lodged on one of the detenues in a span of 2 days. None of the advocates from both sides were aware of the FIRs so High Court directed Registry to communicate with Principal District Judge, Visakhapatnam to file as affidavit with detailed of the 4 FIRs, when were they filed in which magistrate Court and at what time.

Reason: The Court wanted to know if the illegal arrests happened first even before registering of FIRs on the detenues!!!

2020-11-06 Reddi Govinda Rao Vs State of AP and Ors

 

 

 

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged Reddi Govinda Rao Vs State of AP and Ors Reprimands or Setbacks to YCP Govt of Andhra Pradesh Writ of Habeas Corpus | Leave a comment

Varla Ramaiah Vs State of Andhra Pradesh on 16 Sep 2020

Posted on December 11, 2020 by ShadesOfKnife

State Government issued GOs to review all decisions taken by TDP Government.

GO.Rt.No. 1411

2019-06-26 2019GAD_RT1411 Constitution of Cabinet Sub-Committee

GO.Rt.No. 344

2020-02-21 21022020GAD_RT344 Constitution and composition of Special Investigation Team (SIT)

Varla Ramaish garu filed WP at AP High Court and the honorable granted stay on the operation of both the above GOs.

Varla Ramaiah Vs State of Andhra Pradesh on 16 Sep 2020

As usual, State Government went to Supreme Court here against the stay Order given by AP HC.

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged Reprimands or Setbacks to YCP Govt of Andhra Pradesh Varla Ramaiah Vs State of Andhra Pradesh | Leave a comment

A.B. Venkateswara Rao IPS Vs State of Andhra Pradesh on 22 May 2020

Posted on December 9, 2020 by ShadesOfKnife

The DGP of AP Police Sri A.B. Venkateswara Rao IPS was suspended and here is the GO.

2020-02-08 08022020GAD_MS18 Allegations against Sri A.B Venateswara Rao, IPS (A.P1989), DGP – Violation of Conduct Rules - Placed under suspension under rule 3(1) of All India Services (Discipline & Appeal)

Upon filing a WP at AP High Court, the above suspension was set aside and the officer was reinstated.

A.B. Venkateswara Rao IPS Vs State of Andhra Pradesh on 22 May 2020

State Government of Andhra Pradesh filed an SLP at Supreme Court here.

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged A.B. Venkateswara Rao IPS Vs State of Andhra Pradesh | Leave a comment

Government Guesthouse at Kapuluppada, Visakhapatnam

Posted on November 26, 2020 by ShadesOfKnife

Government Guesthouse at Kapuluppada, Visakhapatnam

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged Reprimands or Setbacks to YCP Govt of Andhra Pradesh | Leave a comment

K.C. Kanniyappa Vs K.C. Lalitha and Anr on 26 Sep 2005

Posted on November 26, 2020 by ShadesOfKnife

Single-judge bench of Andhra Pradesh held that, cross-examination need not be confined to the facts to which the witness testified on his examination-in-chief.

From Para 3,

3. Since O.S. No. 1141 of 2000, later renumbered as O.S. No. 20 of 2003, was ordered to be tried along with O.S. No. 47 of 1998, obviously common evidence is being recorded in both the suits. When two suits are clubbed and tried together, all the parties to the suits have a right to cross-examine the witness examined by the adversary, because Section 138 of the Evidence Act, 1872 (‘the Act’) confers such right on them. As per that Section 138 of the Act the witness called by a party shall first be examined-in-chief and if the adverse party so desires he can cross-examine him and then if the party calling him so desires, can re-examine him. That section specifically lays down that Chief examination and cross-examination must relate to relevant facts, but cross-examination need not be confined to the facts to which the witness testified on his examination-in-chief.

Casemine copy:

K.C. Kanniyappa Vs K.C. Lalitha and Anr on 26 Sep 2005 (casemine)

Legal Crystal copy:

K.C. Kanniyappa Vs K.C. Lalitha and Anr on 26 Sep 2005 (legalcrystal)

Citations : [2006 ALD 1 370], legalcrystal.com/442436

Other Sources :

https://indiankanoon.org/doc/1166172/

https://www.casemine.com/judgement/in/5608f85de4b01497111422e0

https://www.legalcrystal.com/case/442436/k-c-kanniyappa-vs-lalitha-anr

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Evidence Act 138 - Cross-examination need not be confined to the facts to which the witness testified on his Examination-in-chief Evidence Act 138 - Order of Examinations K.C. Kanniyappa Vs K.C. Lalitha and Anr Reportable Judgement or Order Work-In-Progress Article | Leave a comment

Sri Kathi Narsinga Rao Vs Kodi Supriya and Anr on 29 Sep 2016

Posted on November 23, 2020 by ShadesOfKnife

Relying on Bipin Shantilal Panchal here, and properly identifying that certain judgments from Supreme Court have not considered Bipin Panchal, correctly held that, except for Stamp duty and Registration fee, all other objections to any document sought to be introduced during evidence stage have to be parked towards the end of trial and considered then while judgment stage.

From Para 15,

…

Coming to the expression in Shalimar Chemical Works Limited v. Surendra Oil and Dal Mills (Refineries), where it was no doubt observed that admissibility of document held to be decided at the stage of admission by marking, instead of leaving to be decided subsequently. The facts therein were Xerox copy of the trade mark registration certificate (which is in fact the suit document) without production of original even objected by opposite party from the trial Court permitted to mark subject to objection on proof and admissibility held wrong procedure. In fact it was observed that from same is the suit document and no foundation as to what happened to the original to receive as Xerox copy of the suit claim which is the trademark registration certificate, it was observed that lower appellate Court having received the document under Order 41 Rule 27 CPC without exhibit and without opportunity to the other side to rebut the evidence simply relied on it by discussing the same as if admitted in evidence that was found fault. Thereby the expression in Shalimar Chemicals supra confine to the facts for no law laid down of in any case secondary evidence cannot be permitted subject to objection. In fact the earlier expression of the Apex Court in Bipin Shantilal Panchal v. State Of Gujarat particularly Para 12 and Navjot Sandhu @ Afzalguru supra holding any objection (other than on stamp duty and registration) is while marking be kept open for decision finally including on secondary evidence admissibility. Above two expressions of the Apex Court not came for consideration in Shalimar Chemical Supra.

From Para 16,

16. In fact from the expression in Bipin Shantilal there was a direction as guidance to be followed by all Courts while marking documents including on secondary evidence as subject to objections by let open to decide ultimately on the objection while recording the evidence, unless it touches stamp duty and registration to decide instantly. In fact Shalimar Chemicals supra particularly at Para 10 internal Para 20, the expression of the Apex Court in RVE Venkatachala Gounder v. Arulmigu Viswesaraswami and V.P Temple, referred and relied which speaks about objections as to admissibility of documents in evidence may be classified into 2 classes, one is objection that the document which is sought to be proved is inadmissible and the other towards the mode of proof. In the case of objection as to admissibility, it is only a procedural aspect, if not raised while marking, it is not open to raise later including on secondary evidence for as good as primary evidence. Whereas objection as to mode of proof even not raised while marking unless it is proved it cannot be considered in evidence for which there is no waiver, thereby even no objections raised on mode or method of proof there is no waiver to consider document proved or not from objection can be raised on proof at any time but for on the objection as to nature of document for its admissibility if not raised while marking that amounts to waiver.

Finally, from Para 18,

18. From these expressions, even once the certified copy to a certified copy is within the meaning of secondary evidence and any objection to exhibit secondary evidence though in Shalimar Chemicals Supra says to decide instantly for admissibility, from the earlier expressions categorically held directing all courts to follow particularly from Bipin Shanti Lal supra and in Afzal Guru supra that but for objections on stamp duty and registration to decide instantaneously any other objection raised while marking is to record as subject to objection to decide ultimately at the end of trial and not to decide instantaneously and thus against said conclusion arrived by the lower Court, there is nothing to sit in revision against the impugned orders of the lower Court.

 

Sri Kathi Narsinga Rao Vs Kodi Supriya and Anr on 29 Sep 2016

Citations : [2016 SCC ONLINE HYD 346]

Other Sources :

https://indiankanoon.org/doc/115678797/

https://www.casemine.com/judgement/in/58ae76214a9326593c4a168c

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged Bipin Shantilal Panchal Vs State of Gujarat and Anr Objections During Witness Cross Examination Sandeep Pamarati Sri Kathi Narsinga Rao Vs Kodi Supriya and Anr | Leave a comment

Jangala Sambasiva Rao Vs State of AP and Anr on 28 Oct 2020

Posted on November 14, 2020 by ShadesOfKnife

Justise Lalitha Kanneganti held that there is violation of Guidelines issued in Arnesh Kumar in effecting an arrest without complying with 41A CrPC procedure and held demanded reports from both Police belonging to concerned PS and also the Magistrate who mechanically issue Judicial custody.

Jangala Sambasiva Rao Vs State of AP and Anr on 28 Oct 2020

A complete indexed and mess-wise segregated collection of reprimands received by this incumbent State Government of YSRC Party are here.

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Arnesh Kumar Vs State Of Bihar and Anr CrPC 41A - Notice of appearance before police officer Jangala Sambasiva Rao Vs State of AP and Anr | Leave a comment

Dr Nallapareddy Sridhar Reddy Vs State of AP and Ors

Posted on November 9, 2020 by ShadesOfKnife

AP High Court held that u/s 216, Trial Court well within it’s power to frame additional charges based on additional charge sheet filed by police, even when the case is pending pronouncement of judgment. But since the procedure contemplated was not followed by Magistrate, High Court set aside the second set of charges framed on accused and directed the Magistrate to follow the procedure contemplated u/s 217.

Dr Nallapareddy Sridhar Reddy Vs State of AP and Ors on 01 June 2017

But then, Revision-Petitioner went to Supreme Court and there also he lost.

Dr Nallapareddy Sridhar Reddy Vs State of AP and Ors on 21 January 2020
Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to CrPC 216 - Court May Alter Charge Dr Nallapareddy Sridhar Reddy Vs State of AP and Ors Reportable Judgement or Order | Leave a comment

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