Andhra Pradesh Court June 2000 Judgments
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Karnati Bhaskar and ors. Etc. Vs. State of A.P. and ors. Etc.
Court: Andhra Pradesh
Decided on: Jun-20-2000
Reported in: 2000(2)ALD(Cri)231; 2000CriLJ3983
ORDERJ. Chalameswar, J.1. These two petitions raise an important question of law as to the scope and applicability of Section 195 of the Code of Criminal Procedure.2. For the sake of convenience, the facts in Criminal Petition No. 2888 of 1999 are mentioned as the issue involved in both the matters is one and the same.3. The first petitioner in the Criminal Petition No. 2888 of 1999 filed a suit O.S. No. 85 of 1990 on the file of the learned Senior Civil Judge, Miryalaguda against the third respondent herein for recovery of an amount of Rs. 53,527/-. The said claim was made on the basis of a receipt-dated 14-1-1988 said to have been issued by the third respondent herein. The second petitioner is said to be the scribe of the receipt. Petitioners 3 and 4 are said to be the attestors of the said receipt.4. During the course of trial of the above-mentioned suit, the third respondent herein got the above-mentioned receipt referred to handwriting expert for his opinion. According to the thir...
Duvvu Umapathi Reddy Vs. State of A.P. Rep. by Public Prosecutor
Court: Andhra Pradesh
Decided on: Jun-20-2000
Reported in: 2000(2)ALD(Cri)193; 2000CriLJ4183
ORDERT. Ch. Surya Rao, J.1. The petitioner assails the order dated 2-6-2000 passed by the learned Additional Sessions Judge, Srikakulam, in Criminal M. P. No. 306 of 2000 in Criminal Appeal No. 58 of 2000.2. On an application filed under Section 389(1) of the Criminal Procedure Code (for short 'the Code') seeking suspension of the sentence, the impugned order came to be passed. The petitioner was convicted by the trial Court in C. C. No. 14 of 1997 for the offences under Section 471, I.P.C. and was sentenced to suffer rigorous imprisonment for six months and was further sentenced to pay a fine of Rs. 1,000/- and in default to suffer rigorous imprisonment for three months. Having been aggrieved by the conviction and sentence passed against him, he preferred Criminal Appeal No. 58 of 2000 before the Sessions Court, Srikakulam. An application was also filed along with the appeal. That Criminal M. P. No. 299 of 2000 was dismissed on 31-5-2000 for want of valid reasons, inter alia, in the p...
Srinivasa Constructions Ltd., Hyd. Vs. Bharat Heavy Electricals Ltd., ...
Court: Andhra Pradesh
Decided on: Jun-19-2000
Reported in: 2000(4)ALD236; 2000(4)ALT146
ORDER1. Having heard learned senior Counsels for the petitioner Sri S. Ramachandra Rao and for the respondents, Sri E. Manohar, at length, the writ petition itself is, with the consent of the parties, taken up for hearing.2. The validity of the invitation to tender vide specification No.BIIEL-PS-SCT-911, dated 12-5-2000, is in issue in these proceedings at the instance of M/s. Srinivasa Constructions Ltd. The petitioner argues that the impugned notification is arbitrary, opposed to public interest and violative of Articles 14 and 300A of the Constitution of India.3. The National Thermal Power Corporation (NTPC), for the purpose ofexecuting 2 x 500 MW units by name 'Simhadri Thermal Power Project' (STPP) at Paravada. Visakhapatnam District, floated a global tender. The 1st respondent Bharat Heavy Eieclricals Ltd., (BHEL) obtained the contract for the above work. In its turn the BIIEL invited tenders for various components of the works in relation to the said project. These tenders havin...
Pottem Subbarayudu and Another Vs. Kothapalli Gangulu Naidu and Others
Court: Andhra Pradesh
Decided on: Jun-19-2000
Reported in: 2000(5)ALD764; 2000(5)ALT759
1. The unsuccessful plaintiffs have preferred this appeal against the judgment and decree dated 24-3-1987 passed by the learned Additional Subordinate Judge, Tirupathi, in OS No.136 of 1979. Respondents 1 to 7 herein are the defendants in the suit. The other respondents have been brought on record as the legal representatives of the deceased one or the other respondents during the pendency of the proceedings.2. It is expedient to refer the parties as they are originally arrayed in the suit so as to avoid any confusion and for better understanding of the matter.3. The factual matrix, necessary and germane for adjudicating the contentious issues between the parties inter se may be stated thus: The suit OS No.136 of 1979 was filled seeking a decree for specific performance of the suit agreement of sale-dated 4-11-1978 mentioning inter alia in the plaint that defendants 1 to 3 purchased the lands in an extent of Ac.13-14 cts, ('B' schedule lands for brevity) from the defendants 4 to 7 unde...
Pearl Beaverages Ltd. and ors. Vs. State of Andhra Pradesh and anr.
Court: Andhra Pradesh
Decided on: Jun-19-2000
Reported in: 2000(2)ALD(Cri)32; 2000(3)ALT585; 2000CriLJ5044
ORDERB. Sudershan Reddy, J.1. This is an application filed Under Section 482 of the Code of Criminal Procedure (for short 'the Code') to quash the First Information Report No. 72 of 1999 registered against the petitioners herein Under Section 420 of the Indian Penal Code on the file of Gopalapuram Police Station, Secunderabad, Andhra Pradesh.2. It may be necessary to notice a few relevant facts before adverting to the question as to whether this Court can quash the very First Information Report in exercise of its jurisdiction Under Section 482 of the Code.3. The second respondent herein filed a complaint Under Section 200 read with 190(1) of the Code in the Court of the X Metropolitan Magistrate at Secunderabad. In the said complaint, it is inter alia alleged that the respondent-complainant is dealing with the supply of electrical generators and also dealing in electrical contracts like installation, wiring, fixation etc. Accused No. 1 is the company and accused No. 2 is the Chairman o...
Bandaru Venkata Swami and ors. Vs. State of Andhra Pradesh and anr.
Court: Andhra Pradesh
Decided on: Jun-19-2000
Reported in: 2000(2)ALD(Cri)162; 2001CriLJ1889
ORDERB. Sudershan Reddy, J.1. This is an application to quash the proceedings in Sessions Case No. 12 of 1997 on the file of the Court of Special Sessions Judge, Guntur. The petitioners are the accused in the said Sessions Case.2. The Sub-Inspector of Police, Edlapadu filed a charge sheet on 10-2-1997 against the petitioners herein under Section 3(x)(i) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 33 of 1989 (for short 'the Act') before the Special Sessions Judge, Guntur. The learned Special Sessions Judge took the case on file under Section 3(x)(i) of the Act against the petitioners' 1 to 3 and 5. The learned Special Sessions Judge also took cognizance against A4 under Section 354 of I.P.C. and against A3 to A5 under Section 323 of I.P.C. The learned Special Sessions Judge issued Non-bailable warrants to produce the petitioners before the Court on 5-6-1997.3. The petitioners challenge the very procedure adopted by the learned Special Sessions Judge in ta...
Namagiri Babji Vs. Inspector of Police and ors.
Court: Andhra Pradesh
Decided on: Jun-19-2000
Reported in: 2000(2)ALD(Cri)171; 2001CriLJ1983
ORDERB. Sudershan, Reddy, J.1. This is an application filed under Section 482 of Cr. P.C. to quash all further proceedings in C.C.No. 255 of 1999 on the file of the IXth Metropolitan Magistrate, Hyderabad. The petitioner is shown as the fourth accused. He is a Police Officer.2. Before adverting to the question as to whether the proceedings of the criminal Court can be quashed by this Court, it may be necessary to notice few relevant facts.3. One Ch. Sudharshan Gupta the de facto complainant filed complaint Section 190(c) read with Section 200 of Cr. P.C. before the learned Metropolitan Magistrate, Hyderabad against the petitioner and six others. In the said complaint, it is inter alia stated that accused Nos. 1 and 2 are the proprietors of M/s. Raki Industries situated at Kakinada, the third accused is the employee of the industry owned by accused No. 1 and 2. Accused No. 4, 5 and 6 are the Police Officers attached to Sarpavaram Police Station, Kakinada and accused No. 7 is the Car dri...
Vanamala Jagadeswaraiah and Another Vs. Deputy Commissioner (Legal) Cu ...
Court: Andhra Pradesh
Decided on: Jun-17-2000
Reported in: 2000(4)ALD656; 2000(2)ALD(Cri)141; 2001(127)ELT28(AP)
ORDER1. This petition under Section 482 Cr.PC seeks quashing of the order passed by the learned Special Judge for Economic Offences, Hyderabad dismissingthe petition filed on behalf of the petitioners for discharging them.2. The prosecution case may be summarised as follows :On 22-7-1987 the Officers of the Directorate, Revenue Intelligence, Madras assisted by the Central Excise Officers, Hyderabad intercepted A2 and A4 (not the petitioners) while they were alighting from an auto rickshaw before the petrol bunk of M/s. M.K. Agencies, Secunderabad on a reasonable belief that the said persons were clandestinely transporting smuggled gold. Both of them when subjected to metal detection test in the presence of witnesses admitted that they were carrying five gold bars each concealed in their rectums and voluntarily ejected and handed them over to the Officers. They also admitted that the sender of gold was a person from Fort Market, Bombay whose details they could not furnish. They further ...
Ch. Narender Reddy Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Jun-16-2000
Reported in: 2000(2)ALD(Cri)408; 2000(2)ALD(Cri)821; 2000CriLJ4068
ORDERT. Ch. Surya Rao, J.1. The revision petitioner assails the conviction and sentence passed against him by the learned XXII Metropolitan Magistrate, Hyderabad in C.C. No. 41 of 1995 convicting him for the offence under Section 498-A of the Indian Penal Code and sentencing him to suffer rigorous Imprisonment for two years and further sentencing him to pay a fine of Rs. l000/- and in default to suffer Simple Imprisonment for Six months and the Judgment of the IV Additional Metropolitan Sessions Judge, Hyderabad dated 26-6-1998 in Cri. Appeal No. 561 of 1996 in having confirmed the conviction and sentence passed by the Trial Court.2. The factual matrix germane for appreciating the two points raised by the learned counsel for the revision petitioner may be stated thus :The De facto Complainant P.W. 1 in this case was married to the revision petitioner on 21-2-1985. She was closely related to the petitioner being the niece. After the marriage, both of them lived together till the month o...
Ploavarapu Parasuramudu Vs. Chintalapudi Lakshmi and Others
Court: Andhra Pradesh
Decided on: Jun-14-2000
Reported in: 2000(5)ALD383; 2000(5)ALT450
1. This appeal arises out of a common judgment and decree rendered by the Subordinate Judge, Amalapuram in OS No.96 of 1981 and 97 of 1981 dated 26-6-1982.2. One Chintalapudi Lakshmi (hereinafter referred to as Lakshmi) and another filed a suit OS No.92 of 1977 on the file of Sub-Court, Kakinada seeking a permanent injunction restraining defendant No.1, the village Munsiff of Alavilli Venkatanagaram (hereinafter referred to as A.V. Nagaram), defendant No.2 a resident of Havaladarupadu, defendants 3 to 6, fishermen of Kothachodipallipet, hamlet of A.V. Nagaram, defendants 7 and 8 residents of A.V. Nagaram, who does business in casurina tope from interfering with the enjoyment of casurina garden standing in an extent of Ac.16.00 or so in S.No.1 of Kona village, as she being the owner of the said land.3. Her case is that her father Kodidasu Appalaswamy purchased an extent of 59 acres of sea-shore land from one Makineedu Veeraraju in whose favour the erstwhile Zamindar of Pithapuram issued...
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