Mere Presence Of Husband's Relatives At Marriage Ceremony Does Not By Itself Prove Instigation, Abetment To Commit Bigamy: AP High Court

The Andhra Pradesh High Court dismissed a woman's plea challenging acquittal of certain relatives in a bigamy case, holding that mere presence of family elders at a second marriage, or their failure to prevent it, does not by itself establish abetment or instigation to commit bigamy.Section 494 IPC penalises bigamy, i.e., marrying again during the subsistence of a valid first marriage,...

Aadhaar Info Can Be Disclosed In Serious Forgery Cases With Safeguards; Accused Cannot Use Privacy As Shield: Andhra Pradesh High Court

The Andhra Pradesh High Court has held that Aadhaar-related information may be disclosed for criminal investigation of cases involving serious allegations of forgery with necessary safeguards, observing that a person accused of forgery cannot get away, if he has committed the offence, on ground of protection of his right to privacy. A Division Bench comprising the Chief Justice Lisa Gill...

Andhra Pradesh High Court Upholds Removal Of Ambedkar Statue Installed Overnight Without Permission

The Andhra Pradesh High Court has upheld directions for removal and shifting of Dr BR Ambedkar's statue allegedly installed without permission, obstructing a village road. It held that the installation was made despite cancellation of an earlier Gram Sabha resolution and during subsistence of Section 145 Cr.P.C. proceedings initiated to maintain public order. Section 145 Cr.P.C. deals...

No Separate Govt Notification Needed To Reduce Commercial Dispute Threshold To ₹3 Lakh After 2018 Amendment: AP High Court Full Bench

Andhra Pradesh High Court's full bench has clarified as to when the Commercial Courts (Amendment) Act, 2018 reducing the “specified value” for filing commercial disputes suits from Rs. 1 crore to Rs. 3 Lakhs becomes operational, holding that no notification from central government was required for the threshold to operate. Specified Value in relation to a commercial dispute, means that...

AP High Court Declines Anticipatory Bail To Cop Booked In Rape FIR Citing 'Strong Likelihood' Of Influencing Victim

The Andhra Pradesh High Court has refused anticipatory bail to a Circle Inspector of Police accused in a rape case observing that there was a strong likelihood of the accused interfering with the investigation and influencing the victim.Section 64(1) BNS provides punishment for the offence of rape with rigorous imprisonment of not less than ten years, which may extend to imprisonment for...

AP High Court Closes Anticipatory Bail Plea Of Court Employee Accused Of Defaming District Judiciary Through Anonymous Petitions

The Andhra Pradesh High Court has closed an anticipatory bail petition moved by a judicial department employee accused of circulating anonymous and defamatory petition against district judiciary after the State submitted that the custodial interrogation was not required. The State submitted that notice has been issued to de-facto complainant, the investigation is still in progress and since...

AP High Court Denies Bail To Navy Sailor Accused Of Sharing Sensitive Information With Pakistani Agent, Cites National Security Concerns

The Andhra Pradesh High Court has refused bail to an Indian Navy sailor booked under UAPA accused of sharing confidential information on Indian Naval ships and submarines with a suspected Pakistani intelligence agent, observing that the allegations pertains to matters affecting “national security of the country.”A Division Bench comprising Justice K Suresh Reddy and Justice Tuhin Kumar...

DNA Test Cannot Be Sought To Deny Daughter's Paternity In Partition Suit; Other Evidence Must Be Led: AP High Court

The Andhra Pradesh High Court has held that a party cannot seek DNA test to disprove paternity of his daughter in a partition suit, and the party must establish its case to disprove paternity through other evidence.Justice Tarlada Rajasekhar Rao held that the petitioner could not seek a DNA test to disprove the respondent's claim of being his daughter and said:“Even assuming that the...

AP High Court Quashes Seizure Of Vehicle Allegedly Used For Transporting Drugs Over Non-Compliance Of Procedure Under NDPS Act

The Andhra Pradesh High Court set aside a trial court order directing seizure of a vehicle allegedly used for transporting narcotic substances under the NDPS Act observing that the mandatory procedure including affording an opportunity to the owner to establish absence of knowledge or connivance had not been followed. Section 60(3) of the NDPS Act, 1985 permits confiscation of a conveyance...

Prosecution Suppressed First Dying Declaration Suggesting Accidental Fire: AP High Court Acquits Husband For Setting Wife Ablaze

The Andhra Pradesh High Court acquitted a husband of culpable homicide booked for setting his wife on fire, observing that the prosecution had suppressed the wife's first dying declaration given to the duty doctor where she stated that she suffered burn injuries during a fire accident while she was sleeping.Justice B.V.L.N. Chakravarthi held that the first dying declaration given by the...

AP High Court Upholds Acquittal In Attempt To Murder Case, Says 'Improved Testimonies' Of Prosecution Witnesses Warrants Benefit Of Doubt

The Andhra Pradesh High Court upheld the acquittal of six persons in an attempt to murder case, observing that the evidence of the prosecution witnesses had pointed to overt acts by the accused before the trial court which were not stated in their earlier testimonies and were thus improved statements. The court thus said that omissions in prosecution witness' statements during...

AP High Court Allows Unauthorized RO Plant To Continue In Public Interest, Says Access To Clean Potable Water Is Part Of Right To Life

The Andhra Pradesh High Court permitted an unauthorized RO water plant established without prior permission under the Water, Land and Trees Act and the Panchayat Raj Act to operate, after observing that access to clean and safe drinking water is fundamental facet of the Right to Life under Article 21 of the Constitution. In doing so the court said that “the welfare of the people is the...