[S. 321 CrPC] Public Prosecutor Entitled To Take Independent Decision On Whether Prosecution Should Be Withdrawn Or Not: Andhra Pradesh High Court

The Andhra Pradesh High Court has passed orders iterating that although a public prosecutor is entitled to move an application under Section 321 of CrPC for withdrawal of prosecution, an independent decision must be made as to whether the prosecution of an accused is to be withdrawn or not.The interim order was passed by a Division Bench of Chief Justice Dhiraj Singh Thakur and Justice...

'Living In Primitive Times': Andhra Pradesh High Court Expresses Displeasure At Unavailability Of Satisfactory Medical Facilities For Tribal People

The Andhra Pradesh High Court has impleaded the Secretary of Panchayat Raj & Rural Development, Union of India, and Secretary of the Pradhan Mantri Gram Sadak Yojana (PMGSY) for better adjudication of a Public Interest Litigation filed seeking the setting up of Primary Health Centers with good infrastructure for tribals in four districts of Andhra Pradesh. The order was passed by the...

Andhra Pradesh HC Issues Notice On Contempt Plea Challenging Authorities' Inaction In Revising Remuneration For Employees Of National AIDS Control Org

The Andhra Pradesh High Court has issued notice to the Union Secretary, Ministry of Health & Family Welfare, Secretary, Ministry of Labour and Employment, Special Secretary, and Director General National AIDS Control Organisation, in contempt proceedings initiated by the AP State Control Employees Union.“"Heard the learned counsel for the petitioner and the learned counsel for the...

Andhra Pradesh & Telangana High Court Weekly Round-Up: 22 -28 January, 2024

Nominal IndexMd. Mahboob Ali vs. State of Telangana 2024 LiveLaw (AP) 6G. Srinivas, Dist Adilabad vs. M.D. Singareni Collieries Co. Ltd. 2024 LiveLaw (Tel) 14Siddi Neelam Goud v. State of Telangana 2024 LiveLaw (Tel) 15Telugu Desham Party vs. Union Of India 2024 LiveLaw (Tel) 16M/S. SNM Developers PVT Lmt V. Union of India & Ors. 2024 LiveLaw (Tel) 18Dr. D. Anvesh Kumar Reddy vs. Union...

12 Yrs Delay In Issuing Charge Memo, Disciplinary Authority More Focussed On Finding Of Guilt: AP High Court Grants Relief To Staff Nurse

The Andhra Pradesh High Court has set aside disciplinary proceedings stretched over a period of 12 years against a staff nurse holding that none of the rules laid down under the AP Civil Services (Classification, Control and Appeal) Rule 1991 were followed, and it seemed like the disciplinary authority had been more anxious to hold the accused guilty of the charges contrary to the facts...

Andhra Pradesh High Court Issues Notices On Pleas Questioning Competency Of Govt Pleader, AGPs

The Andhra Pradesh High Court has issued notice to the State, Ministry of General Administration and Law and Legislative Affairs of the State on a batch of pleas challenging the appointment of the Government Advocate and two AGPs allegedly made against the provisions of AP Law Officers (Appointment and Conditions of Service) Instructions, 2000.The petitioner/party in person contended that...

Sampling Of Seized Narcotic Substance To Be Done Only Before Magistrate, Not At Time Of Seizure: Andhra Pradesh High Court

The Andhra Pradesh High Court has reiterated that drawing samples of seized narcotic substances is to be done strictly before a Magistrate and not at the time of seizure.Section 52-A mandates that all narcotic substances seized by the investigating authority are to be sampled before Magistrate.Justice T. Mallikarjuna Rao relied on the judgment passed in Simarnjit Singh vs. State of Punjab...

Cheque Bounce | Accused Cannot Lead Evidence By Affidavit, Statute Only Permits Complainant To Tender Evidence In Such Form: AP High Court

The Andhra Pradesh High Court has held that an accused in a cheque bouncing case is not entitled to forward his evidence by way of an affidavit, since, Section 145 (1) of the Negotiable Instrument Act, 1882 entails only a complainant to tender evidence in such form.Justice Venkata Jotirmai Pratapa while passing the judgment has heavily relied upon Mandvi Coorporate Bankt Lmt vs. Nimesh B....

Andhra Pradesh High Court Warns 'Unknown Persons' Interrupting Virtual Court Proceedings

Owing to gross disturbance and interruption caused to the Judges by the unsolicited chats and dialogue on the Virtual Mode Court Proceedings, the Andhra Pradesh High Court has issued a circular warning the interrupters that their actions would be liable to necessary action as per law.The circular read,"It is brought to the notice of all the concerned that during the Virtual Mode...

No Prudent Man Would Remain Silent For 22 Yrs: Andhra Pradesh High Court Dismisses Appeal Challenging Registered GPA As Being 'Coerced'

The Andhra Pradesh High Court has imposed a fine and dismissed the case of a petitioner, seeking to challenge a General Power of Attorney that was executed and registered by him 22 years ago to clear a debt owed by his younger sister's husband.The petitioner had approached the High Court challenging the dismissal order by the lower court in a suit filed by him in 2017 for declaration...

Andhra Pradesh High Court Asks Sports Minister To Consider Gold Medalist Archer Jyothi Surekha's Representation For Khel Ratna Award

Jyothi Surekha Vennam, an Indian renowned gold medalist archer has approached the Andhra Pradesh High Court challenging the selection procedure adopted to select the receiver of the 'Major Dhyan Chand Khel Ratna Award.'The petitioner contended that the selection was made against the Scheme and objective of the Award and prayed that the process be reconsidered. It was further brought to the...

Explosive Substances Act | Andhra Pradesh High Court Sets Aside Conviction Citing Over 2 Yrs Delay In Sending Sample For Forensic Analysis

The Andhra Pradesh High Court while setting aside a conviction under the Explosive Substances Act, 1908 held that when there is an unusual delay of 2.4 years in sending the evidence for forensic examination, the delay needs to be properly explained.Justice A.V. Ravindra Babu has passed the order in a criminal appeal filed against the conviction order of the lower court under section 5 of...