Andhra Pradesh Court July 1951 Judgments
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Bompalli Sathia Vs. Government of Hyderabad
Court: Andhra Pradesh
Decided on: Jul-23-1951
Reported in: 1951CriLJ1527
ORDER1. This is an application by Sitaramam-ma for the Writ of HABEAS CORPUS to secure release of four detenus. The case was referred to the Pull Bench in view of certain important legal questions involved in the decision.2 The application alleges that Chinna Rammayya, Gopayya, Narsayya and sitayya were arrested on March 19, 1950 and sent to Central Jail, Waiangal on March 24, 1950; wherefrom they have been transferred to Jalna Jail about nine months back; the applicant does not know the offence or the material on which they have been arrested, nor so far as she is aware, the detenus have been informed about the orders or the grounds of their detention; they are agriculturist, loyal subject of the Government have 150 acres of dry and 50 acres of wet cultivation, as well as pay Rs. 800/- as Government revenue; the police of Mahboobabad illegally without any reasons have arrested them who are her brothers and nephew, and the arrest, therefore, is illegal, 'ultra vires' and 'mala fide'.3....
Kachrulal Vs. P.H. Mawle and anr.
Court: Andhra Pradesh
Decided on: Jul-20-1951
Reported in: 1952CriLJ215
ORDER1. These are three Revisions which have been filed by the complainant against the order of the Magistrate refusing to frame a charge and discharging the accused. Two Revisions have been filed in the cases against Mawle of cheating and criminal breach, of trust and of forgery and another Revision has been filed in the case against Ramkishan. The Revision Petitioner in all these cases is one Kachrulal and all the offences are said to have been committed in connection with a motor lorry which belonged to the complainant Kachrulal. The complainant alleged that his motor lorry was sent to Hyderabad from Lathur for renewal of the licence and was pledged with the accused, Mawle, by his servants, Ramkishen and Khajamean dishonestly. He further stated that he protested against this by sending his men. The complainant stated that very soon the accused Mawle with whom the motor lorry was pledged got a document from his servants purporting to be executed by the complainant as having sold the ...
Afak Haider Vs. the State
Court: Andhra Pradesh
Decided on: Jul-19-1951
Reported in: 1951CriLJ1522
ORDER1. This is a revision petition against the order of the Chief City Magistrate holding that the case under the Arms Act could be tried & that 8 403 Sub-B (4), Indian Cr P.C., corresponding to Section 204, Hyderabad Cr. P. 0. was no bar. The relevant facts are that the accused was prosecuted for an attempt to commit suicide with a revolver. That case was decided & the accused convicted. The present prosecution is under the-Arms Act for unlawful possession of the said revolver. Mr. Chobe, the learned advocate for the accused contends that if the attempt to commit suicide was with the same revolver about which the present offence has been launched it will be barred under Section 403, Indian Cr. P.C. cited above. We do not agree with this contention. The test to determine whether the said section would be a bar or not is to see whether the subsequent offence is the same as the previous offence. It is clear that the possession of the revolver without a licence is a distinct offence in i...
B. Santhamma Vs. State of Hyderabad
Court: Andhra Pradesh
Decided on: Jul-13-1951
Reported in: 1951CriLJ1402
ORDER1. The three questions to be adjudicated in this Full Bench case are: (i) Whether the statement relating to the past conduct of the detenu in the grounds of his detention is justice-able; (ii) whether the statements furnished in the grounds are vague; & (iii) whether the delay in communicating the grounds entitles the detenu to be released.2. These have arisen in a petition filed by the mother of the detenu, under Article 226, Constitution of India, as well as Section 529), Hyderabad Cri, P.C. She prays for release alleging that the son is a resident of village Ravirala, Mahboobabad Taluka, Warangal District & was arrested on 16-7-1949 at Mahboobabad; since his arrest; she is unaware of the crime or reasons for which he hat been arrested & the officials concerned have, notwithstanding several applications, failed to inform her; so far as she is aware, the son has also not been given any order or the reasons for his detention. In para. 8 of the application, it is claimed that the s...
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