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True Colors of a Vile Wife

Tag: Party In Person Series

Busarapu Satya Yesu Babu Vs State of AP and Sake Roja on 05 Nov 2021

Posted on December 1, 2021 by ShadesOfKnife

A single-judge bench of AP High Court held as follows,

From Para 6, Ground-1

6. On the other hand, respondent No.2 submits that petitioner cannot raise a contention that 16 other complaints were lodged by respondent No.2 that she is habituated in lodging complaints against public servants and others, as it is her personal issue and there is no illegality in the order under revision. She submits that while exercising power under Section 156(3) Courts can forward complaint to Police without issuing notice to the accused. Hence, there is no illegality in the order impugned and this revision is liable to be dismissed. Relied on Priyanka Srivastava and Ors. Vs. State of U.P. and Ors.

7. In the case on hand, the Magistrate has only directed the Station House Officer, I Town Police Station under Section 156(3) of Cr.P.C for investigation and directed the police to file report by17.06.2021. The Hon’ble Apex Court has consistently held that when the Magistrate applies his mind and order for investigation under Section 156 (3) of Cr.P.C, he could not be said to have taken cognizance of offence and by doing so, it will be conducive to justice and save the valuable time of the Magistrate from being wasted in enquiring into a matter which was the primary duty of the police to investigate. In this case, the Magistrate has not taken cognizance, but only referred the matter to the police for investigation. At this juncture, as argued by the learned counsel for petitioner that sanction should have been obtained as the petitioner is a public servant has no legs to stand.

From Para 8, Ground-2

8. The petitioner has challenged the order passed by the Magistrate under Section 156 (3) of Cr.P.C and directed to submit a report which is an interlocutory order and revision against such an order under Section 397 (2) of Cr.P.C is barred under law. However, after completion of investigation, if Police come to the conclusion that complaint is filed with false allegations, they can as well close the case by referring it as false. The revision is also liable to be dismissed on the ground of its maintainability as it isnot final order and it falls under interlocutory order, which cannot be challenged.

Busarapu Satya Yesu Babu Vs State of AP and Sake Roja on 05 Nov 2021
Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged Busarapu Satya Yesu Babu Vs State of AP and Sake Roja CrPC 156(3) - Any Magistrate Empowered u/s 190 May Order Such an Investigation as above-mentioned Party In Person Series Priyanka Srivastava and Anr Vs State of UP and Ors | Leave a comment

Dr Nalini Kanta Tripathy Vs Dr Pradyuti Dash on 02 Aug 2021

Posted on August 7, 2021 by ShadesOfKnife

A working knife is denied interim maintenance in a HMA 24 proceedings!!!

Dr Nalini Kanta Tripathy Vs Dr Pradyuti Dash on 02 Aug 2021

On 24 Jan 2020, SCI order the Appellant to pay interim maintenance of 10K instead of 16K as ordered by Orissa HC, only to the child and denied maintenance to working knife.

Dr Nalini Kanta Tripathy Vs Dr Pradyuti Dash on 24 Jan 2020

The Lower Court (Orissa High Court) decision is here.

Dr Pradyuti Dash Vs Dr Nalini Kanta Tripathy on 10 Apr 2019
Posted in Supreme Court of India Judgment or Order or Notification | Tagged Dr Nalini Kanta Tripathy Vs Dr Pradyuti Dash HM Act Sec 24 - Maintenance To Kids Party In Person Series | Leave a comment

Why ditch your Advocate? Why go Party in person (PIP)?

Posted on September 9, 2019 by ShadesOfKnife

Someone asked me this question today on WhatsApp.

My response.

Posted in Judicial Activism (for Public Benefit) | Tagged Party In Person Series

T.C. Mathai and Anr Vs The District and Sessions Judge on 31 March, 1999

Posted on August 1, 2019 by ShadesOfKnife

Apex Court held as follows, in last paragraph,

“Be that as it may, an agent cannot become a pleader for the party in criminal proceedings, unless the party secures permission from the court to appoint him to act in such proceedings. The respondent-couple have not even moved for such permission and hence no occasion has arisen so far to consider that aspect.”

Key passages from the judgment are,

The definition [of a Pleader u.s 2(q) of CrPC] envelopes two kinds of pleaders within its ambit. The first refers to legal practitioners who are authorised to practise law and the second refers to any other person. If it is the latter its essential requisite is that such person should have been appointed with the permission of the court to act in such proceedings. This is in tune with Section 32 of the Advocates Act 1961 which empowers a Court to permit any person, who is not enrolled as an advocate to appear before it in any particular case. But if he is to plead for another person in a criminal court, such permission should be sought for by that person.
It is not necessary that the pleader so appointed should be the power of attorney holder of the party in the case. What seems to be condition precedent is that his appointment should have preceded by grant of permission of the court. It is for the court to consider whether such permission is necessary in the given case and whether the person proposed to be appointed is capable of helping the court by pleading for the party, for arriving at proper findings on the issues involved in the case.

………..

But if the person proposed to be appointed by the party is not such a qualified person the court has first to satisfy itself whether the expected assistance would be rendered by that person. The reason for the Parliament for fixing such a filter in the definition clause [Sec.2(q) of the Code] that prior permission must be secured before a non-advocate is appointed by the party to plead his cause in the court, is to enable the court to verify the level of equipment of such person for pleading on behalf of the party concerned.

T.C. Mathai and Anr Vs The District and Sessions Judge on 31 March, 1999

Precedent used is here


Indiankanoon.org link: https://indiankanoon.org/doc/1728750/

Citation: [1999 SCC 3 614], [1999 AIR SC 1385], [1999 AIR SC 1062], [1999 SUPREME 3 308], [1999 SCC CRI 455], [1999 CRLJ SC 2092], [1999 SCALE 2 359], [1999 ACR SC 1 915], [1999 ALT CRI 1 226], [1999 CTC 1 720], [1999 GLH 1 829], [1999 KLJ 1 879], [1999 KLT SC 2 156], [1999 LW CRL 2 658], [1999 RCR CRIMINAL 2 373], [1999 SCR 2 305], [1999 JT SC 2 494], [1999 AIR SCW 1062]

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Advocates Act Section 32 CrPC 2(q) - Pleader CrPC 303 - Right of person against whom proceedings are instituted to be defended Landmark Case Legal Procedure Explained - Interpretation of Statutes Party In Person Series Power of Attorney T.C. Mathai and Anr Vs The District and Sessions Judge

Gaddameedi Nagamani Vs The State Of Telangana on 17 July, 2015

Posted on October 15, 2018 by ShadesOfKnife

In this judgment of Hon’ble High Court of Andhra Pradesh, it was held that “the learned Magistrate shall entertain, hear and pass appropriate orders granting the same with necessary conditions” in the petitions contesting the maintainability of 482 CrPC quash in DV Cases.

See Page 5, last para…

Needless to say…

Gaddameedi Nagamani Vs The State Of Telangana on 17 July, 2015

Citations: [2015 SCC ONLINE HYD 293], [2016 CCC 1 49], [2015 ALD CRI 2 764]

Other Sources:

https://indiankanoon.org/doc/110893807/

https://www.casemine.com/judgement/in/5e53212e46571b56b1ea70aa

http://document.manupatra.com/ap/2001-2004/ap2015/AP20151408152002271.htm


The bulk of the Criminal Rules of Practice, 1990 is available here.

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Criminal Rules of Practice Rule 37 - One Accused May Be Permitted To Represent Other CrPC 126 - Procedure CrPC 205 – Magistrate may dispense with personal attendance of accused Gaddameedi Nagamani Vs The State Of Telangana Not Authentic copy hence to be replaced Party In Person Series The Criminal Rules of Practice and Circular Orders 1990 (High Court of A.P.) | Leave a comment

How to fight legal case as Petitioner or Party in Person (PIP)

Posted on September 7, 2018 by ShadesOfKnife

As per CrPC 302, a petitioner can request per permission of magistrate to conduct and lead the prosecution case, instead of a advocate. Read more here.

Similarly, per Advocates Act Section 32, any person who is not as advocate, can appear in a particular case. Read more here.

Posted in Legal Procedure | Tagged CrPC 302 - Permission to conduct prosecution Legal Procedure Explained - Interpretation of Statutes Party In Person Series Petitioner In Person | Leave a comment

Mukanchand Bothra Vs Inspector of Police on 25 January, 2018

Posted on June 25, 2018 by ShadesOfKnife

Hon’ble Madras High Court has permitted a son, who is not a advocate, to represent his sick father in a case of bail petition.

Mukanchand Bothra Vs Inspector of Police on 25 January, 2018
Posted in High Court of Madras Judgment or Order or Notification | Tagged Advocates Act Section 32 Party In Person Series Private Person or GPA Holder To Act and Plead for Plaintiff | Leave a comment

Harishankar Rastogi Vs Girdhari Sharma And Anr on 13 March, 1978

Posted on June 25, 2018 by ShadesOfKnife

The Apex Court held as follows in regards to the right or lack thereof of a party to go as in-person in a case in a court. Legendary Judge Krishnaiyer, V.R. has allowed permission to a friend of a Plaintiff, who is not a advocate, to plead his case in court of law.

“1. A private person who is not an Advocate, has no right to barge into Court and claim to argue for a party. He must get the prior permission of the Court for which the motion must come from the party himself. It is open to the Court to grant or withhold permission in its discretion. In fact, the Court may even after grant of permission, withdraw it half-way through if the representative proves himself reprehensible. The antecedents, the relationship, and reasons for requisitioning the services of the private person and a variety of other circumstances must be gathered before grant or refusal of permission.

2. The Advocates are entitled as of right to practice in this Court under S. 30(1) of the Advocates Act, 1961 subject to the reasonable restriction provided under s. 29 of that Act viz. that the only class of persons entitled to practice the profession of law shall be advocates. Even so, it is open to a party, who is unable for some reason or the other to present his case adequately, to seek the help of another person in his behalf. To negative such a plea may be denying justice altogether in certain cases, especially in a land of illiteracy and indigence and judicial processes of sophisticated nature…………….

3. A comprehensive programme of free legal services, is in a sense,a serious obligation of the State if the rule of law were to receive vitality in its observance. Until then, parties should appear through advocates, and where they are not represented by one such, through some chosen friend. Such other person cannot practice the profession of habitually representing parties in Court. If a non-advocate pecialises in practicing in Court, professionally he will be violating the text of the interdict in the Advocates Act, which the Court cannot allow him to do so. Nevertheless it is open to a person who is a party to a proceeding to get himself represented by a non-advocate in a particular instance or case. Practicing a profession means something very different from representing some friend or relation on one occasion or in one case or on a few occasions ,or in a few cases. “

 

Harishankar Rastogi Vs Girdhari Sharma And Anr on 13 March, 1978

Citation: [1977 ACR SC 363], [1978 AIR SC 1019], [1978 SCC 2 165], [1978 SCC CRI 168], [1978 SCR 3 493], [1978 ALR 4 353], [1978 CAR 174], [1978 CRLR 161], [1978 MLJ CRI 1 640], [1978 UJ SC 301], [1978 CRLJ SC 778]

Other Sources:

https://indiankanoon.org/doc/1704613/

https://www.casemine.com/judgement/in/5609abd1e4b014971140d6a8

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Harishankar Rastogi Vs Girdhari Sharma And Anr Landmark Case Legal Procedure Explained - Interpretation of Statutes Party In Person Series Private Person or GPA Holder To Act and Plead for Plaintiff | Leave a comment

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