Phani Bhushan Potu Vs State of Telangana and Anr on 16 Aug 2022

Posted on December 27, 2022 by ShadesOfKnife

A single judge bench of Telangana HC held as follows,

From Paras 3-7,

3. Learned counsel for the petitioner submits that the petitioner is arrayed as Accused No.3 in the Calendar Case in question and the trial Court insisted personal appearance of the petitioner for each and every adjournment and the petitioner has to accompany his daughter for her admission into College and, therefore, exemption from appearance may be granted till 10th October, 2022 by setting aside the impugned order dated 19.07.2022.
4. Per contra, the learned Assistant Public Prosecutor contends that the petitioner can invoke Rule 37 of the Criminal Rules of Practice and Circular Orders, 1990.
5. Learned counsel for the petitioner submits that as his personal appearance is insisted by the trial Court, he did not invoke the said provision.
6. When there is dire necessity for the Accused to be present elsewhere and, therefore, cannot attend the trial Court and make personal appearance, the Courts are liable to consider the ground urged and apply a pragmatic approach. Therefore, this Court considers it desirable to dispose of the present Criminal Revision Case making such a direction.
7. Resultantly, this Criminal Revision Case is disposed of directing the Court of III Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, not to insist upon personal appearance of the petitioner/Accused No.3 in C.C.No.280 of 2012 that is pending on the file of the said Court, in case the petitioner files an application either under Section 317/205 Cr.P.C. or under Rule 37 of the Criminal Rules of Practice and Circular Orders, 1990, by raising just and sufficient ground for exemption of personal appearance till 10th October, 2022.

Phani Bhushan Potu Vs State of Telangana and Anr on 16 Aug 2022

Gogineni Lakshmi Gowthami Vs State of AP and Anr on 20 Oct 2022

Posted on December 16, 2022 by ShadesOfKnife

A single judge allowed the marking of documents and examination via video conferencing tools.

From Para 2,

2. In the course of the trial of the case, the respondent had filed Crl.M.P.No.76 of 2022 under Section 275(1) Cr.P.C and 285(3) of Cr.P.C to permit the respondent to mark documents and to depose before the Court of Trial via Skype or Blue Jeans or any other alternative electronic media and for costs. This application was allowed by the trial Court by an order dated 31.03.2021 with certain conditions.

From Para 5,

5. Smt.K.Sesha Rajyam, learned Senior counsel appearing on behalf of Smt.Hima Bindu learned counsel for the respondent would submit that the application would be covered by the provisions of Section 273 of Cr.P.C and mere mentioning of a wrong provision in the order would not invalidate the order. She submits that Section 273 of Cr.P.C only stipulates that evidence taken during the course of trial should be in the presence of the accused and there is no restriction as to where the evidence can be recorded. She would further rely upon a Judgment of the Hon’ble Supreme Court in the case of State of Maharastra vs Dr Praful B.Desai1. She contends, on the basis of the above Judgment, that recording of evidence by way of video conferencing is permissible and does not in any manner violate any of the provisions of the Cr.P.C.

From Para 9,

9. Sri Akhil Krishnan, learned counsel for the petitioner would submit that the right of cross examination of the petitioner has been forfeited by the trial Court, during the pendency of the present petition. If an order has been passed, the same shall be disregarded and the trial Court shall afford an opportunity of cross examination to the petitioner as and when the respondent makes necessary arrangements in terms of the order for being examined through video conference. For this purpose, the respondent shall be given two weeks from today to comply with the directions of the trial Court in Crl.M.P.No.76 of 2022.

Gogineni Lakshmi Gowthami Vs State of AP and Anr on 20 Oct 2022

The time limit to finish Cross Examination through Video conferencing was extended considering some difficulty.

Gogineni Lakshmi Gowthami Vs State of AP and Anr on 11 Nov 2022

Chintakayala Vijay Vs State of AP and Ors on 05 Dec 2022

Posted on December 6, 2022 by ShadesOfKnife

Relying on Landmark judgment here, Single bench of AP HC held that,

From Para 6,

6. In the circumstances, this Writ Petition is disposed of directing the respondents herein to strictly comply with the directions of the Hon’ble Supreme Court. This would include the requirement of the respondents uploading all the complaints registered by the respondents on to the website of the police authorities or the website of the State Government, in the absence of any website being maintained by the police authorities. There shall be no order as to costs.

Chintakayala Vijay Vs State of AP and Ors on 05 Dec 2022

Ravi Ramesh Babu Vs State of Andhra Pradesh on 23 Mar 2022

Posted on November 5, 2022 by ShadesOfKnife

A single judge of AP High Court held as follows,

From Para 4,

4. Learned counsel further relied on the decision passed by this Court in Crl.P.No.1954 of 2020, following the ratio laid down by the Hon’ble Apex Court rendered in Criminal Appeal No.179 of 2008 in the case of “Suresh Nanda V. CBI”, wherein the Apex Court observed that impounding of a passport cannot be done by the Court under Section 104 Cr.P.C. though it can impound any other document or thing. Accordingly, this court held that neither the Police nor the Courts have power to seize the passport or to direct the accused to deposit or surrender the passport even when a criminal case is pending in the court of law and only the Passport Officer is the competent authority to impound the passport.

3 Ravi Ramesh Babu Vs State of Andhra Pradesh on 23 Mar 2022

XXX Vs The State of Telangana on 09 Nov 2020

Posted on November 5, 2022 by ShadesOfKnife

A single judge of Telangana High Court held as follows:

From Para 18, (When Seizure turns into Impounding – 4 weeks from Seizure)

18. Having given due consideration to the submissions made as above and also taking note of the precedents on which reliance is placed by the learned Counsel appearing for the parties, it is to be seen that retaining of passport by the police authorities after the same is seized beyond a period of four weeks would amount to impounding by the police authority, which power the said authority lacks, as has been held by the Hon’ble Supreme Court in Suresh Nanda V. C.B.I. (2008) 3 SCC 674. Further, this court having regard to the law laid down by the Apex Court and the provisions of the Cr.P.C. including Section 457 Cr.P.C., has by its order in I.A. No.1 of 2019 in W.P. No.22956 of 2019 held that retaining the seized property by the police after being reported to the Magistrate, would have to be considered only as a custodian and such retaining cannot be considered as impounding by the police authorities and passport holder has to make an application to the concerned Court for release of the passport.

From Para 19,

However, even after commencement of functioning of Courts, if the respondent police authority has failed or fails to take steps in depositing the passport within a period of four weeks, the same would amount to impounding, which power the authorities are not conferred with.

From Para 20,

20. Further, even after the seized material is deposited into Court under seizure report, when it comes to passport seized and deposited into Court, the Court is not empowered to impound the passport under Section 104 of Cr.P.C. upon such deposit. The power to impound a validly issued passport is specifically conferred on the passport authority under Section 10(3) of the Passports Act, 1967, being a special enactment would prevail over Cr.P.C. a general enactment. Thus, even after deposit of seized property into the Court, the respondent authority would be required to take further steps by approaching the passport authority under the Passports Act, 1967, and seek for impounding of passport. The said situation can arise only if any one of the condition enumerated in clause (a) to (h) of sub-section (3) of Section 10 of the Passports Act, 1967 being attracted. At this stage, the judgement rendered by the Madras High Court in Jeyabalan case (supra) would be of aid to the case of the petitioner.

From Para 21 (Very Imp: Passport/Travel document can be cancelled by Passport Authority, even when the physical possession of passport is not there with them)

21. It is also to be seen that for impounding of passport by the passport authority on attracting any of the conditions specified in Sub-section (3) of Section 10 of the Passports Act, 1967, having of physical custody of passport is neither mandatory nor specified. It is only the satisfaction of the passport authority that any of the conditions stipulated in (a) to (h) of Section 10(3) is attracted, the authority can impound the same, irrespective of where the passport holder is residing at. However, before passing of impounding order, the authority is required to give opportunity of hearing to the concerned. Thus, the claim of the respondent authorities that, if passport is released to the petitioner, it will be difficult to apprehend him again, does not appeal to this Court for being accepted for the aforesaid reasons and also having regard to the wide amplitude of powers, the passport authority enjoys, unless the petitioner escapes to countries with whom India does not have Extradition Treaties or Arrangements or seeks asylum in a country so permitting. Even otherwise, the said apprehension also appears to be without any basis for the reason, the petitioner claims to be working onsite/onshore with an Indian IT company and would be on employment visa and all his details would be available with the employer as to the onsite location of working and client details and at a call of the employer, the employee can be withdrawn and deported from wherever he is.

XXX Vs The State of Telangana on 09 Nov 2020

Note: Name of the Petitioner redacted upon his request email dt: 13 Jul 2023

Sumana Bhasin Vs Neeraj Bhasin on 27 May 2015

Posted on November 2, 2022 by ShadesOfKnife

A single judge of Saket Court, New Delhi passed this order.

From Para 41,

41. In light of the above discussion, the Application U/s 12 PWDV Act filed by the complainant is dismissed with a cost of Rs.1,00,000/- (Rupees One Lakh) to be deposited by the complainant in the account of Blind Relief Association. The imposition of cost is in furtherance of the principle that wrongdoers should not get benefits out of frivolous litigations. Needless to say, all interim orders stand canceled.

Sumana Bhasin Vs Neeraj Bhasin on 27 May 2015

Citations:

Other Sources:

https://indiankanoon.org/doc/165927699/

https://www.legalauthority.in/judgement/sumana-bhasin-vs-neeraj-bhasin-9863

https://menkibaat.in/one-lakh-fine-on-wife-for-filing-fake-domestic-violence-case/

Y Usha Gayatri Vs State of AP and Anr on 13 Oct 2020

Posted on October 18, 2022 by ShadesOfKnife

A single judge bench of AP HC held as follows while directing to release the passport of the petitioner.

From Para 4 and 5,

4. In view of the above finding of the Hon’ble Apex Court, directing for surrender of passport or to deposit the same in the Court is ex-facie illegal and it is clearly un-sustainable under Law.
5. In the light of the law laid down by the Hon’ble Apex Court, neither the Police nor the Courts have power to seize the passport or to direct the accused to deposit or surrender the passport even when a criminal case is pending in the Court of law and only the Passport Officer is the competent authority to impound the passport.

Y Usha Gayatri Vs State of AP and Anr on 13 Oct 2020

Citations:

Other Sources:

Kuchiraju Srinivasa Rao Vs State of Andhra Pradesh on 28 Jan 2020

Posted on October 18, 2022 by ShadesOfKnife

A single judge bench of AP High Court held as follows while directing to release passport of the petitioner.

6. The law is now fairly well settled that the Courts have no power to direct the accused to deposit or surrender the Passport, even when a criminal case is pending against the accused in the Court of law. It is only the Passport Officer, who is the competent authority under Passports Act, to impound the Passport of any citizen of the country. If the police got any apprehension that the accused, who is facing trial in the criminal case, may leave the country and he may not be available for trial of the case, they have to approach the Passport authority concerned with a request to impound the Passport of the said person on the ground that he is facing trial in a criminal case. If the Court, before whom the accused is facing trial, is of the opinion that if the accused leaves the country and goes abroad that he may not be available for trial, the Court can issue necessary direction to the accused not to leave the country without prior permission of the Court or on a petition filed by the prosecution to that effect, the Court can pass appropriate order in this regard.

From Para 8, the Precedent

8. Therefore, in view of the dictum laid down in aforesaid Judgment of the Hon’ble Apex Court, the impugned order directing the petitioner to surrender his Passport or to deposit the same in the Court is ex-facie illegal and it is clearly unsustainable under law.

Kuchiraju Srinivasa Rao Vs State of Andhra Pradesh on 28 Jan 2020

Citations:

Other Sources:

Praveen Surendiran Vs State of Karnataka and Anr on 21 Mar 2022

Posted on October 18, 2022 by ShadesOfKnife

A single judge bench of Karnataka High Court held as follows:

From Para 4,

4. The present case concerns an application made by the petitioner before the trial Court seeking release of his passport on the ground that the son of the petitioner studies in a school at Paris – Sports Etudes Concept and was attending classes virtually. Since classes have now started physically, the
petitioner wanted to accompany his son for getting him admitted in the school. This application is rejected by the trial Court. It is the rejection of the application that is called in question in the present proceedings. Therefore, these proceedings concern with the rejection of release of passport of the petitioner and not any other issue that is pending in plethora of cases between the parties.
6. Learned senior counsel Sri Ashok Haranahalli would submit that several proceedings between the parties are pending consideration. The Apex Court has stayed all further proceedings in other cases. The case at hand is not an offshoot of those cases, but an independent case of an application, where the passport of the petitioner is seized, not impounded by the police and there is grave urgency for the petitioner to leave the country and get his son admitted to the school at France.

And then

17. It is not in dispute that the petitioner is facing criminal proceedings before the competent criminal Court and the Police after investigation have also filed charge sheet in the matter in which, the petitioner is arrayed as Accused No.10. Therefore, it is not a case where the passport of the petitioner cannot even be seized or impounded, but, by whom is the question.
18. The Passport Act is a special enactment and is trite that it being a special enactment would prevail over Section 102 or Section 104 of the Cr.P.C., which empower the Police to seize and the Court to impound any document. Impounding of any document produced before the Court cannot stretch to an extent that it can impound the passport. Therefore, the deposit of passport before the Court or passport being held before the Police, both will become without authority of law. The further observation of the Court that it would be in its custody till conclusion of trial is, clearly on the face of it, without authority of law, as it would amount to impounding the passport. This very issue fell for consideration before the Apex Court in the case of SURESH NANDA v. CBI
The Apex Court dealt with the very issue as to who would be the Authority to impound the passport. The Apex Court holds that neither the Police nor the Court invoking powers under Section 102 or Section 104 of the Cr.P.C. can seize or impound a passport. Impounding of a passport is by the Authority vested under the Act as depicted therein. It is not in dispute that the Authority under the Act is not even made aware of seizure or retention of the passport by the Police or before the Court.

From Para 24,

21. The power of impounding a document under Section 104 of the Cr.P.C. is available to a Court. This cannot stretch to an extent of impounding the passport. The passport coming within the purview of the Act and it being a special law would prevail over the provisions of Section 104 of the Cr.P.C. The Court can impound any document, but not the passport as it is dealt with under a special enactment. The power of impounding is available only to the Competent Authority under the Act, in terms of Section 10 of the Act. Wherefore, the order rejecting the release of passport by the Court observing that it is held in safe custody till the conclusion of the trial is unsustainable. Therefore, the petitioner becomes entitled for release of passport in his favour, as right to hold a passport and travel is, without doubt, held to be a fundamental right in plethora of judgments.

Praveen Surendiran Vs State of Karnataka and Anr on 21 Mar 2022

Citations:

Other Sources:

Nachhattar Singh Vs Rai Singh and Anr on 28 Jul 2022

Posted on October 6, 2022 by ShadesOfKnife

A single judge of PHHC held as follows:

From Paras 11-14,

11. As per the settled proposition of law as enumerated hereinabove, proceedings under Section 340 Cr.P.C. are not to be initiated in every case where offences are purportedly made out. In fact, the said proceedings are to be initiated only in a situation, where the Court considers it expedient in the interest of justice to make a complaint. This shows that such a course of filing a complaint will only be adopted, if the interest of justice requires and not in every case. In the present case, no such finding has been recorded, as has already been mentioned above and even otherwise, the dispute is between the parties, who are closely related being brothers.
12. In fact, one of the criteria for proceeding under Section 340 of the Cr.P.C. would be where due to the false statement, one party has succeeded in getting a favourable order, which otherwise, he would not have got. Therefore, if the false statement affects the very nature of the order passed by the Court, then, that itself can be one of the circumstances, where proceedings under Section 340 Cr.P.C. ought to be initiated. In the present case, assuming that a false statement had been made either in the written statement or by virtue of filing of affidavits, those pleadings/averments did not affect the fate of the case. In fact the petitioner did obtain a decree in his favour. Therefore, there is no apparent illegality in the orders dated 09.10.2015 (Annexure P-1) and 08.02.2017 (Annexure P-2).
13. Having examined the matter in its entirety, I also find that the dispute in question is between close relatives. Certain pleadings are filed in civil/criminal proceedings and the defendants in a civil proceeding take their defence, which in the present case was denying the right of ownership of the petitioner-complainant. Every person has a right to defend his case and he can take many defence pleas. Taking up a plea by itself would not amount to giving false evidence. Further, in the present case, in view of the discussion above, it would certainly not be expedient in the interest of justice to proceed against the respondents.
14. In view of the facts and circumstances mentioned hereinabove as also the relationship between the parties and the civil proceedings having culminated in favour of the petitioner, as such no advantage has been taken by the respondents by virtue of their allegedly false pleadings/affidavits. Therefore, it would certainly not be expedient in the interest of justice to initiate proceedings under Section 340 Cr.P.C.

Nachhattar Singh Vs Rai Singh and Anr on 28 Jul 2022

Index of Perjury cases here.

Shades of Knife

True Colors of a Vile Wife

Tag: 1-Judge Bench Decision

Phani Bhushan Potu Vs State of Telangana and Anr on 16 Aug 2022

Gogineni Lakshmi Gowthami Vs State of AP and Anr on 20 Oct 2022

Chintakayala Vijay Vs State of AP and Ors on 05 Dec 2022

Ravi Ramesh Babu Vs State of Andhra Pradesh on 23 Mar 2022

XXX Vs The State of Telangana on 09 Nov 2020

Sumana Bhasin Vs Neeraj Bhasin on 27 May 2015

Y Usha Gayatri Vs State of AP and Anr on 13 Oct 2020

Kuchiraju Srinivasa Rao Vs State of Andhra Pradesh on 28 Jan 2020

Praveen Surendiran Vs State of Karnataka and Anr on 21 Mar 2022

Nachhattar Singh Vs Rai Singh and Anr on 28 Jul 2022