Court : Andhra Pradesh
Decided on : Mar-05-2002
Reported in : III(2002)ACC227
ORDERS.R.K. Prasad, J.1. This criminal revision case is directed against the judgment in Crl. Appeal No. 54 of 1997 dated 6.7.2000 passed by the learned Sessions Judge, Khammarn confirming the conviction and sentence imposed against him by the Judicial Magistrate of First Class, Yellandu in C.C. No. 524 of 1995 to undergo rigorous imprisonment for six months for the offence under Section 304-A, I.P.C., two months for the offence under Section 338, I.P.C., one month for the offence under Section 7, I.P.C. and also imposition of fine of Rs. 100/- for the offence under Section 252 r/w Section 177 of the Motor Vehicles Transport Rules, 1989 in default to suffer S.I. for fifteen day.2. The case of-the prosecution in brief is that on 19.2.1995 at about 4.45 a.m. due to the rash and negligent driving of the Matador van bearing No. AP 20 T 2388 by the revision petitioner-accused, it turned turtle and fell into a ditch. As a result of which Poddoji Nagamani, Mogili Rambabu and Nancherla Bhagyam...
Tag this Judgment!Court : Orissa
Decided on : Sep-24-2002
Reported in : 2002(II)OLR459
M. Papanna, J.1. Invoking inherent as well as extraordinary jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, the petitioner sought for quashing the Charge Sheet dated 9.2.1995 laid by the police against him in G.R.Case No. 2361 of 1994, now subjudice in the Court of the learned S.D.J.M., Bhubaneswar as well as order taking cognizance of offences under Section 279/337 of the Indian Penal Code read with Section 187 of the Motor Vehicles Act against him.2. On the accusation made by one Khadala Sahu, to the effect that on 26.7.1994 at 5 P.M. while he was going along C.B.I. Road after selling mixture at D.A.V. School Chhak, an Ambassador Car bearing Registration No. ORO 1141 being driven by its driver came from his backside at a very high speed and dashed against him, as a result of which he sustained bleeding injuries on his head for which he was immediately shifted to the City Hospital, Bhubaneswar for his treatment, Capital P.S.Case No. 599 of 1994 was regi...
Tag this Judgment!Court : Chennai
Decided on : Jan-10-2002
Reported in : 2002CriLJ3026
ORDERP.D. Dinakaran, J.1.1. The aforesaid petitions raise an interesting but somewhat complex question for adjudication as to the procedure to be followed after the further investigation permitted under Section 173(8) of Code of Criminal Procedure with reference to the evidence gathered and vital materials collected, pursuant to the Letters Rogatory issued and the undertakings given under Section 166A of Code of Criminal Procedure.1.2. In this regard, it is apt to extract Sections 166A and 173 of Code of Criminal Procedure, for better appreciation of issues raised in the above petitions:'Section 166A Cr.P.C.: Letter of request to competent authority for investigation in a country or place outside India: - (1) Notwithstanding anything contained in this Code, if, in the course of an investigation into an offence, an application is made by the investigating officer or any officer superior in rank to the investigating officer that evidence may be available in a country or place outside Ind...
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-16-2002
Reported in : AIR2002SC2653; 2002(2)ALT(Cri)153; [2002]111CompCas390(SC); (2002)4CompLJ160(SC); 2002(3)Crimes1(SC); JT2002(5)SC180; 2002(5)SCALE218; (2002)6SCC174; [2002]39SCL413(SC); [2
D.P. Mohapatra, J. 1. Leave granted.2. The question that arises for determination in this case is whether on the facts and circumstances emerging from the averments in the complaint petition and the materials filed with it a case for quashing the complaint filed under Section 482 of the Code of CriminalProcedure (for short 'CrPC') is made out or not.3. This appeal filed by the accused persons is directed against the order dated 1.3.2000 of the High Court of Andhra Pradesh in Criminal Petition No. 3052/99 declining to grant the prayer of the appellants for quashing the proceedings in CC No. 24/99 on the file of the Court of Sub-Judge, Economic Offences at Hyderabad. The proceeding was instituted on the complaint petition filed by respondent No. 1. The appellants and the respondent No. 1 are stated to be Directors of a Company- M/s Spectrum Power Generation Limited (hereinafter referred to as 'the Power Company') incorporated under the Indian Companies Act, 1956 (for short 'the Act'), ha...
Tag this Judgment!Court : Kolkata
Decided on : May-13-2002
Reported in : (2005)2CALLT44(HC)
Maharaj Sinha, J.1. This is an appeal against a judgment and order of a learned single Judge dated 20 December, 1991 passed in Civil Rule No. 4449 (W) of 1978.2. A writ application was moved way back in the year 1978, to be precise on 20 July, 1978, when a Rule was issued and an interim order made by His Lordship, Mr. Justice N.C. Mukherjee (as His Lordship then was). Eventually, the said writ application was heard on merits and thehrg was concluded on or about 11 June, 1985 and the judgment was delivered after a lapse of five and a half years thereafter, to be precise again, on 20 December, 1991.3. The facts and circumstances on the basis of which the said writ application was moved could thus be put in a short compass.4. In the month of February, 1971 newspaper advertisements were made inviting applications for a whole time permanent post of Deputy Superintendent and Remembrancer of Legal Affairs, West Bengal, shortly called Deputy Legal Remembrancer (commonly known as D.L.R. in lega...
Tag this Judgment!Court : Kerala
Decided on : Sep-30-2002
Reported in : 2003(1)KLT226
B.N. Srikrishna, C.J.1. These five writ petitions, though from different districts, raise same issues of facts and law, and hence, they can be conveniently disposed of by a common judgment.2. These petitions are filed in public interest by the petitioners who are practising advocates in different districts of Thiruvananthapuram, Ernakulam, Wayanad and Trissur. The petitions impugn Rules 7 and 8 of the Kerala Government Law Officers (Appointment and Conditions of Service) and Conduct of Cases Rules, 1978 as also the Kerala Government Law Officers (Appointment and Conditions of Service) and Conduct of Cases (Amendment) Rules, 2002.3. The Kerala Government Law Officers (Appointment and Conditions of Service) and Conduct of Cases Rules, 1978 (hereinafter called the '1978 Rules') were prescribed by the Government of Kerala purportedly in exercise of its powers under Section 2(1) of the Kerala Public Services Act, 1968. These rules prescribe the manner of appointment, duties and responsibili...
Tag this Judgment!Court : Orissa
Decided on : Jan-23-2002
Reported in : 2002(I)OLR470
M. Papanna, J.1. This is an application under Section 389 of the Code of Criminal Procedure filed by the petitioner (appellant) seeking suspension of order of conviction and sentence passed by the learned Special Judge (CBI), Bhubaneswar in T.R. No. 45 of 1993 under Sections 7 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 (in short 'the P.C. Act.')2. The petitioner was put up on trial before the learned Special Judge (CBI), Bhubaneswar on the accusation that during his incumbency as Branch Manager of Koraput Panchabati Grarnya Bank at Kenduguda during the year 1991 he demanded as well as accepted bribe of Rs. 900/- in total from the loanees such as Pitamber Lim, Dayanidhi Lima, Samuel Lima and Ghani Misal out of loan amount under I.R.D.A. Scheme implemented by the B.D.O., Padampur. After trial, the learned Special Judge (C.B.I.), by a judgment dt. 12.10.2001 convicted the petitioner under Sections 7 and 13(1)(d) read with Section 13(2) of the P.C. Act a...
Tag this Judgment!Court : Allahabad
Decided on : Nov-15-2002
Reported in : AIR2003All208
R.K. Agrawal, J.1. Writ Petition No. 6226 of 1988 has been filed by Sarv Sri Sita Ram Singh and Daya Shanker Mishra, practising lawyers of this Court seeking a writ, order or direction in the nature of mandamus commanding the opposite parties to produce the recommendation of the Advocate General for revising the emoluments of State Law Officers and appropriate direction be issued to implement the said recommendation forthwith. They also pray that the opposite parties be directed to pay the back emoluments of all State Law Officers including brief holders at Criminal side under Section 24 of the Code of Criminal Procedure. 2. Writ Petition No. 1159 of 1989 has been filed by Sri Shiva Ji Mishra and 6 other practising advocates of this Court seeking writ of certiorari quashing the standard of payment of there types of Rs. 2500/-, 3300/-, 3700/- and instead should be Rs. 4000/-basic pay scale and allowance as payable to Public Prosecutor of Magistrate Court appointed under Section 25 of th...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-22-2002
Reported in : 2002(5)ALD345; 2002(5)ALT179
Ar. Lakshmanan, C.J.1. Heard Sri M.R.K. Chowdary, learned senior Counsel appearing for the petitioner in WP No. 5647 of 2002, Sri M. Sudhir Kumar and Smt. B. Sudha, learned Counsel appearing for the petitioners in WP No. 8096 and 8196 of 2002 respectively, Mr. S. Chandra Rao, Mr. C. V. Nagarjuna Reddy and Smt.Bhaskara Lakshimi learned Standing Counsel appearing for the High Court and the learned Government Pleader for Home.2. All these writ petitions were filed for a writ of mandamus declaring the action of the Government of Andhra Pradesh in issuing the impugned order in G.O. Ms.No. 38, Law (LA & J Courts-C) Department dated 8.3.2002 directing the shifting of II Additional District and Sessions Judge's Court from Cuddapah to Proddatur with its staff and other paraphernalia as illegal, void, discriminatory, without power, jurisdiction or authority and contrary to the provisions contained in A.P. Civil Courts Act, 1972 and the Code of Criminal Procedure, and consequently to direct the r...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jun-24-2002
Reported in : 2002(2)ALD(Cri)215; 2002(2)ALT(Cri)231; 2002CriLJ4062
B. Prakash Rao, J.1. The petitioner herein is the defacto-complainant, who is aggrieved against the orders passed in Crl.M.P.No.8 of 2002 in S.C.No.334 of 1999 dated 23-1-2002 on the file of the Assistant Sessions Judge at Putturu dismissing the application purported to have been filed under Section 301(2) Crl.P.C seeking permission to conduct the prosecution in the main sessions case by his advocate under the directions of the Public Prosecutor.2. Briefly, the facts are that on the complaint filed by the petitioner for the offences punishable under Sections 325, 331 and 120-B IPC., the committal court took the case as P.R.C.No.17 of 1989 and committed the same to the Sessions Court as S.C.No.334 of 1999. According to the petitioner, there are several other cases, including a civil suit in O.S.No.117 of 1992 between the parties, wherein Sri S.R.Thyagarjan and Sri S.Satyanarayana, his advocates, are attending and therefore, those advocates are more acquainted with the facts and, therefo...
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