Can POCSO Court Frame Charges Without Hearing Accused On Discharge? Andhra Pradesh High Court Answers

The Andhra Pradesh High Court has held that a POCSO Special Court cannot frame charges without first affording the accused an effective opportunity of hearing on the question of discharge as contemplated under Sections 250 and 251 BNSS.Clarifying that the POCSO Act's mandate for expeditious trials does not override the accused's statutory right to seek discharge, the Court observed that...

S.482 BNSS | Accused Need Not Surrender Before Jurisdictional Magistrate To Avail Anticipatory Bail: Andhra Pradesh High Court

The Andhra Pradesh High Court held that Section 438 CrPC/Section 482 BNSS does not require an accused to surrender before the jurisdictional Magistrate as a condition for availing anticipatory bail. While modifying the Sessions Court's direction requiring the petitioner to surrender before the jurisdictional Magistrate within seven days, the Court observed that an anticipatory bail order...

Fair Price Shop Dealer Must Be Allowed To Cross-Examine Complainants Before Licence Cancellation: Andhra Pradesh High Court

The Andhra Pradesh High Court set aside the termination of a temporary Fair Price Shop dealer, holding that the dealer was denied an opportunity to cross-examine the complainants and was not furnished with the material relied upon. [2026 LiveLaw (AP) 150]A Single Judge Bench of Justice Ravi Cheemalapati passed the order in a writ petition filed by a temporary Fair Price Shop dealer...

Knowledge Of Court Order Enough To Establish Contempt Even Without Formal Service To Party: AP High Court

The Andhra Pradesh High Court has held that formal service of a court order is not a prerequisite for holding a person guilty of civil contempt if it is established that the person had knowledge of the order and willfully disobeyed it. [2026 LiveLaw (AP) 149]Dismissing a contempt appeal filed by a Gram Panchayat Secretary, the Court upheld the order of a Single Judge holding him guilty...

State Can't Pass Adverse Order Directing Removal Of Construction Without Issuing 'Prior' Show Cause Notice: AP High Court

The Andhra Pradesh High Court has held that authorities cannot issue a notice directing removal of constructions without first issuing a show cause notice and affording the affected person an opportunity of hearing. [2026 LiveLaw (AP) 148]Observing that not issuing notice is contrary to the principles of natural justice, the Court set aside the impugned notice while leaving it open to...

'Can't Hold Two Posts Together': AP High Court Upholds Cancellation Of Fair Price Shop Dealer's Authorization After Election As Sarpanch

The Andhra Pradesh High Court has upheld the cancellation of a fair price shop dealer's authorization after he was elected as a Sarpanch, holding that under the State Targeted Public Distribution System (Control) Order 2018, a person cannot simultaneously hold the post of Fair Price Shop dealer and a public office such as Sarpanch. [2026 LiveLaw (AP) 147]At the heart of the dispute was...

AP High Court Condones 1024-Day Delay To Bring Legal Heirs On Record, Says Party Not Expected To Keep Checking Status Of Pending Case

The Andhra Pradesh High Court condoned delay of 1024 days in filing an application to bring the legal heirs of a deceased appellant on record, reiterating that in a pending appeal a party is not expected to keep visiting the court or his lawyer every few weeks to ascertain the position of the case. [2026 LiveLaw (AP) 146]Allowing the Civil Revision Petition, Justice Ravi Cheemalapati referred...

AP High Court Quashes Cruelty FIR Against Husband's Alleged Second Wife, Says She's Not 'Relative' Under S.498A IPC

The Andhra Pradesh High Court quashed cruelty FIR agaist a woman accused of being the second wife of a married man, after noting that she would not fall under the category of "relative" to invoke Section 498A IPC.[2026 LiveLaw (AP) 145]For context FIR was lodged under Section 498A IPC which penalises cruelty by a husband or his relatives towards a married woman; Sections 3 and 4 of the...

Court Must Identify Specific Retirement Benefit Before Ordering Attachment Under S.60 CPC; Gratuity, PF Can't Be Attached: AP High Court

The Andhra Pradesh High Court has held that where attachment of a retired employee's retirement benefits is sought in execution proceedings, the executing court must first identify the particular head of retirement benefits sought to be attached, as benefits such as gratuity and provident fund are exempt from attachment under Section 60 CPC. [2026 LiveLaw (AP) 144]Accordingly, the Court set...

Can't Interfere With Tenancy Proceedings Under Article 227 Supervisory Jurisdiction When Statutory Remedy Available: AP High Court

The Andhra Pradesh High Court declined to interfere with pending tenancy proceedings under Article 227 of the Constitution, holding that its supervisory jurisdiction cannot ordinarily be invoked where an effective alternative remedy exists. [2026 LiveLaw (AP) 143]It further held that questions requiring factual adjudication, such as whether the relationship between landlord and tenant...

Amendment To Correct Party Name, Property Value In Partition Suit Permissible After Trial Starts If Nature Of Suit Unchanged: AP High Court

The Andhra Pradesh High Court has held that an amendment application seeking to correct the plaintiff's name and the extent of a property in a partition suit cannot be refused merely because it is sought after commencement of trial, so long as it does not change the nature of the suit or prejudice the opposite party. [2026LiveLaw (AP) 142]In doing so, the Court allowed a revision...

Family Courts Can't Accept Examination-In-Chief Evidence Via Affidavit In Maintenance Case, Violates S.126(2) CrPC Mandate: AP High Court

The Andhra Pradesh High Court held that Family Courts cannot examination-in-chief evidence in the form of affidavit in maintenance proceedings under Section 125 CrPC (Section 144 BNSS), as such procedure is contrary to mandatory requirement under S.126(2) CrPC which requires presence of person from whom maintenance is sought. [2026LiveLaw (AP) 141]In doing so, the Court set aside a Family...