Andhra Pradesh Court June 2000 Judgments
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Vonamala Jagadeeswaraiah and anr. Vs. the Deputy Commissioner (Legal), ...
Court: Andhra Pradesh
Decided on: Jun-07-2000
Reported in: 2001CriLJ1590
ORDERVaman Rao, J.1. This petition under Section 482 Cr.P.C seeks quashing of the order passed by the learned Special Judge for Economic Offences, Hyderabad dismissing the petition filed on behalf of the petitioners for discharging them.2.The prosecution case may be summarized 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. T...
M. Kishan Rao and ors. Vs. Mrs. P. Santha Reddy and anr. (No. 2)
Court: Andhra Pradesh
Decided on: Jun-07-2000
Reported in: [2002]111CompCas373(AP)
Vaman Rao, J. 1. The petition under Section 482 of Criminal Procedure Code, 1973, seeks quashing of the order dated January 28, 2000, passed by the Special Judge for Economic Offences in Crl. M. P. No. 139 of 2000 in C. C. No. 3 of 2000 under which the learned judge directed the issue of search warrant for searching the premises of registered office of accused No. 4--Spectrum Power Generation Ltd. for seizing the documents mentioned in the petition. Respondent No. 1 herein is the complainant in the said CC, which was taken on file by the learned special judge for the offences under Section 409 of the Indian Penal Code, 1860 and Sections 299, 300 and 629A of the Companies Act, 1956,2. The parties shall be referred to as arrayed in the complaint.3. The complaint in support of his petition for issuance of the search warrant has filed his affidavit. It is stated that the complainant filed a complaint against A-1 to A-4 for the offences under Sections 409 and 411 of the Indian Penal Code an...
M. Kishan Rao and ors. Vs. Mrs. P. Santha Reddy and anr. (No. 1)
Court: Andhra Pradesh
Decided on: Jun-07-2000
Reported in: 2000(2)ALD(Cri)212; [2001]40CLA126(AP); [2002]111CompCas361(AP); 2001CriLJ2729
Vaman Rao, J. 1. In this petition, the petitioners seek quashing of proceedings in C. C. No. 3 of 2000 on the file of the Special Judge for Economic Offences, Hyderabad, which was taken on file on a complaint filed by the first respondent herein in which the petitioners herein face prosecution for offences punishable under Sections 299(4) and 304 of the Companies Act, 1956 and under Section 409 of the Indian Penal Code, 1860. Besides, accused No. 1 also faces a charge for an offence under Section 411 of the Indian Penal Code.2. These proceedings are sought to be quashed on the ground that no offence could be made out even assuming the allegations in the complaint are true. It is then contended that offences under Sections 299 and 300 of the Companies Act being punishable with fine of Rs. 5,000 and the limitation for filing the complaints in respect of these under Section 468 of the Criminal Procedure Code, 1973, being only six months, the complaint in question is thus barred by limitat...
K. Vijaya Laxmi Vs. K. Laxminarayana and ors.
Court: Andhra Pradesh
Decided on: Jun-07-2000
Reported in: 2000(2)ALD(Cri)184; 2000CriLJ4490; I(2001)DMC314
Vaman Rao, J.1. This petition under Section 482, Cr.P.C. seeks quashing of the order dated 17.6.1999 passed by the IX Metropolitan Magistrate, Hyderabad in S.R. No. 4956/1998 in C.C. No. 429/1998 and also order dated 31.12.1999 passed by the II Additional Metropolitan Sessions Judge, Hyderabad in Crl.R.P. No. 148/1999, upholding the above order dated 17.6.1999. By the impugned orders, the petition filed on behalf of the de facto complainant for permitting her Advocate to conduct the prosecution on her behalf, on the ground that the A.P.P.O. was conducting the prosecution in an improper way, has been dismissed.2. The facts relevant to the case may be briefly mentioned as follows :The petitioner herein Smt. K. Vijaya Laxmi, who is the wife of the respondent No. 1-accused No. 1 filed a complaint against him under Section 200, Cr.P.C. alleging that he remarried accused No. 2, while his marriage with the petitioner was subsisting and thus committed an offence punishable under Section 494, I...
D. Vijayalakshmi Vs. D. Sanjeeva Reddy
Court: Andhra Pradesh
Decided on: Jun-07-2000
Reported in: 2000(2)ALD(Cri)200; I(2001)DMC207
ORDERT. Ch. Surya Rao, J.1. This revision petition is directed against the acquittal of the 1st respondent herein of the charge under Section 498 of the I.P.C, by the learned Special Judge for trial of cases under Essential Commodities Act-cum-III Addl. Metropolitan Sessions Judge, Hyderabad by his judgment dated 30.1.1999 in Criminal Appeal No. 73/98. The 1st respondent and eleven (11) others were charge-sheeted by the State through the Sub-Inspector of Police, Musheerabad Police Station for the alleged offences under Sections 498(A) and 494 read with 109 of the I.P.C. Cognizance was taken by the learned XXII Metropolitan Magistrate-cum-Mahila Court, Hyderabad for the said offences against all the accused in C.C. No. 342/1995. Pursuant to the summons issued by the Court all the accused appeared before the Trial Court and faced the eventual trial. At the end of the trial and after examining the witnesses (accused ?) under Section 313 of the Cr.P.C, the Trial Court acquitted all the acc...
V. Siva Prasad Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Jun-07-2000
Reported in: 2000(2)ALD(Cri)165; 2000CriLJ3988
ORDERVaman Rao, J.1. This petition under Section 482, Cr. P.C. seeks quashing of proceedings in FIR No. 16 of 2000 registered at Medipally police station on the basis of a complaint lodged by one K. Murali in which the petitioner is accused of offence under Section 420 Indian Penal Code and Section 5 of A.P. Protection of Depositors and Establishments Act, 1999.2. It is contended by the learned counsel for the petitioner that the allegations in the complaint do not make out any ingredients of the offence under Section 420, IPC. In respect of the offence under Section 5 of A.P. Protection of Depositors and Establishments Act, 1999, it is contended that the complaints in respect of the said Act are required to be filed before the designated authority and thus it is contended that the FIR under these circumstances, deserves' to be quashed.3. The relevant facts may be stated briefly as follows :The complainant is a carpenter by profession. About four years prior to the filing of the compla...
V.V. Circuits Limited and ors. Vs. State of Andhra Pradesh and anr.
Court: Andhra Pradesh
Decided on: Jun-07-2000
Reported in: 2000(2)ALD(Cri)18; 2001CriLJ1552
ORDERB. Sudershan Reddy, J.1. All these applications may be disposed of by a common order. The parties to the proceedings are the same. These petitions are filed under Section 482 of the Code of Criminal Procedure, 1973 to quash the proceedings in C.C.Nos. 259, 256, 257, 266 and 267 of 1999 respectively on the file of the learned XI Metroplitan Magistrate. Secunderabad filed by the second respondent against the petitioners under Section 138 read with Sections 141 and 142 of the Negotiable Instruments Act, 1981 (for short 'the Act').2. For the purpose of disposal, the facts in Criminal Petition No. 3015 of 1999 are taken into consideration. The 2nd respondent has filed a complaint against the petitioners inter alia stating that it is engaged in lending and financing activities and in the regular course of its business, the petitioners herein approached the 2nd respondent for financial assistance by way of loan and the 2nd respondent has advanced a sum of Rs. 17,00,000/- on various dates...
Y. Prabhakar Rao and Others Vs. Oil and Natural Gas Commission, Chenna ...
Court: Andhra Pradesh
Decided on: Jun-06-2000
Reported in: 2000(4)ALD176; 2000(4)ALT17; [2000(86)FLR743]; (2001)ILLJ478AP
ORDER1. These writ petitions raise common questions of fact and law and hence they are heard together and are being disposed of by this common order.2. WP No.26455 of 1998 is filed by 13 persons who claim to be the contract workers working as drivers, accountant, attender, telephone operator, clerk and helpers, WP No.35981 of 1998 is filed by ten persons who claim to be working as helpers and WP No.35996 of 1998 is filed by seven persons working as helpers, in the Oil and Natural Gas Corporation Limited therein after referred to as 'the Corporation'), through the contractors at ONGC, Krishna Godavari Project.3. They filed the above writ petitions seeking directions to the respondents to enforce forthwith the notification of the Government of India bearing No.U-23013/ 4/92-LW, dated 8-9-1994 by which contract labour in various works was prohibited and consequently direct the respondents to absorb all the petitioners.4. It is their common case that they are qualified for the posts for wh...
M. Thirupathi Reddy and others Vs. Andhra Pradesh Co-operative Oilseed ...
Court: Andhra Pradesh
Decided on: Jun-06-2000
Reported in: 2000(4)ALD1; 2000(3)ALT460
ORDER1. This writ petition is filed by 21 employees who were initially appointed by the management of the Andhra Pradesh Co-operative Oilseeds Growers' Federation Limited (for short 'APOILFED'), the 1st respondent herein and who are presently serving in the establishments of Sri Vijayavardhani Co-operative Oilseeds Growers' Union Limited, Beechpally and Sri Krishna Devaraya Co-operative Oilseeds Growers' Union Limited, Piler, respondents 2 and 3 respectively. The petitioners have sought for a writ of mandamus declaring that they continue to be the employees of the APOILFED only and not of any other body or employer including respondents 2 and 3, and that they are entitled to all the benefits of employment under APOILFED including seniority and parity of salary and service benefits on par with the employees who are presently serving in the establishment of APOILFED.2. The background facts that led to filing of the writ petition be stated briefly as under : APOILFED, the first respondent...
B. Srikanth Baba Vs. Deputy Director Registrar (Admissions), Ntr Unive ...
Court: Andhra Pradesh
Decided on: Jun-06-2000
Reported in: 2000(4)ALD305; 2000(4)ALT140
ORDER1. The petitioner was a student of BUMS (Bachelor of Homeopathic Medicine and Surgery) in the 2nd respondent-College. He joined the said course during the academic year 1994-95. He completed three years by 1997-98. According to him in 1996 he was suffering from 'chronic gastritis' and underwent treatment at Apple Hospital, Warangal. Again in 1998 while studying third year course he suffered severe stomach pain and was treated at a Hospital in Hyderabad but the pain subsisted and, therefore, he left to his native place and was hospitalised at Rohini Hospital in Hanmakonda. After treatment he appeared for the III year examination and successfully completed the same. Though he came to attend to IV year classes he could not do so as he suffered stomach pain again. Therefore, he went back to his native place at Kazipet to take treatment at Rohini Hospital and he was advised complete bed rest. Hence, he could not attend the classes. Beside these the further allegations are as under.2. A...
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