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Pinapala Uday Bhushan vs The State of Andhra Pradesh, 2024 LiveLaw (AP) 25

[S.41A CrPC] Mere Issuance Of Notice Will Not Act As Bar Against Application For Anticipatory Bail: Andhra Pradesh High Court

Pinapala Uday Bhushan vs The State of Andhra Pradesh

2024 LiveLaw (AP) 25

The Andhra Pradesh High Court has held that mere issuance of a Section 41-A CrPc notice will not act as a bar against an application for anticipatory bail.

Relying on the order passed by in Sri. Ramappa @ Ramesh s/o Dharmanna vs. State of Karnataka the Bench held:

"In the light of the above decision relied by the learned counsel for the petitioner, this Court views that there is apprehension of arrest exists, even after issuance of notice of appearance it cannot be said that the anticipatory bail application is not maintainable."

Andhra Pradesh High Court Directs Municipal Corporation To Decide Representation On Waiver Of Interest On Property Tax Arrears

S.v.v.estates (swarna Palace) Versus The State Of Andhra Pradesh and Others

2024 LiveLaw (AP) 26

The Andhra Pradesh High Court, while restraining the Municipal Corporation from taking coercive steps against the petitioner, directed the corporation to decide representation on a waiver of interest on property tax arrears.

The bench of Justice Ravi Cheemalapati has observed that the petitioner seems to have been paid an amount of Rs. 25,09,386 which includes penalty and interest on the property tax. Out of the said amount, the petitioner is entitled to a refund of the waiver amount (penalties and interest) of Rs. 9,91,593 by virtue of the government orders. For the current year, the government has issued the latest G.O.M. No. 35 dated February 29, 2024, in which the last date for availing of a waiver is March 31, 2024, for payment of total arrears and current year tax in one lump sum or in instalments.

Change Of Counsel Not Proper Ground To Explain 10 Yr-Delay In Challenging Defendant's Statement, Seeking Reopening Of Evidence: Telangana HC

Smt. G. Krishnaveni vs The State through S.H.O., PS

2024 LiveLaw (TS) 53

The Telangana High Court has held that change in counsel is not a ground for explaining the delay in filing a petition in the absence of cogent evidence supporting the claim.

The order was passed by Justice K. Lakshman in a batch of revision petitions filed by the plaintiff following the dismissal of pleas filed by him to receive certified copies of sale deeds, implead, reopen, and recall PW1 for further examination. The Bench said:

“The petitioner herein failed to give any explanation, much less plausible explanation with regard to the delay and the reasons except change of counsel which is not a proper ground. The petitioner herein having filed suit for declaration and recovery of possession has to prove his claim by producing cogent evidence. Though written statements were filed in the year 2012, the petitioner herein had filed the present IAs in the year 2022, that too, after cross-examining DWs.1 and 2 at length. Burden lies on the petitioner-plaintiff to prove his claim. He cannot depend on the weaknesses of the defendants.”

S.188 CrPC: Centre's Sanction Required To Try Offences Committed Outside India, Telangana High Court Quashes Dowry Case

Dubbudu Ramakanth Reddy vs State of TS

2024 LiveLaw (TS) 54

The Telangana High Court has reiterated that when any offence involving an Indian citizen is committed outside of India, the trial should not be processed with, without the prior sanction of the Central Government. It thus quashed criminal proceedings initiated in India against a husband and in-laws based on incidents of dowry demand that were made outside of India.

"This Court is of the opinion that previous sanction of the Central Government under Section 188 of Cr.P.C. is required for proceeding with against the petitioners herein for the offenses alleged in the complaint, on the basis of which the offences under Sections 498A, 417, 406 and 506 IPC and Sections 3, 4 and 6 of Dowry Prohibition Act have been registered. As this Court is not satisfied that the offences under Sections 498A, 417, 406 and 506 IPC and Sections 3, 4 and 6 of Dowry Prohibition Act are made out against petitioners herein/accused Nos.1 to 3 in the C.C., as having been committed in India."

[Prevention Of Corruption Act] Chairman, MD & Executive Director Of Private Bank Come Under Definition Of "Public Servants": Telangana HC

Central Bureau of Investigation, vs Sridhar Subasri, A2

2024 LiveLaw (TS) 55

The Telangana High Court has held that the Chairman, Managing Director, and Executive Director of a Private Bank come under the definition of 'public servant' as defined under the Prevention of Corruption Act, 1988 (PC Act) and allowed a revision setting aside the discharge petition awarded to the accused by the Court below.

The order was passed by Justice E.V. Venugopal in a plea filed by the CBI against the order passed by the Special Judge for CBI, by way of which, the respondents/accused were exonerated of the offense punishable under Section 13 of the Prevention of Corruption Act, holding that they were not public servants as per the Act.

[S.18 UAPA] Provision Penal In Nature, Ultimately Must Be Proven With Evidence: Telangana High Court Upholds Bail For PFI Members

Mohammed Abdul Mobeen Mobin vs. State of TS

2024 LiveLaw (TS) 56

The Telangana High Court has held that Section 18 of the Unlawful Activities Prevention (UAPA) Act is only penal in nature, and needs to be proved by the prosecution. In doing so, the Court granted bail to 9 trained cadre/members of the Popular Front of India (PFI).

“Section - 18A deals with 'punishment for organizing of terrorist camps', Section - 18B deals with punishment for recruiting of any person or persons for terrorist act' which says that whoever recruits or causes to be recruited any person or persons for commission of a terrorist act etc. are liable for punishment. It is only a penal provision. Ultimately it has to be proved by NIA by producing evidence," it said.

Passport Of Person Facing Criminal Proceedings To Be Renewed For Minimum 10 Yrs If No Restriction Imposed By Courts: Telangana HC

Venkata Siva Kumar Yadhanapudi vs. the Union of India

2024 LiveLaw (TS) 57

The Telangana High Court has reiterated that passport renewal cannot be rejected on the ground that there are pending criminal proceedings against the applicant.

While doing so, Justice Surepalli Nanda further clarified, that in case the applicant (for passport renewal) was directed to secure a No Objection Certificate (NOC) as per the Central Gazette Notification of 1993 from a Magistrate and the Magistrate issued the NOC without stipulating the duration of renewal, the same is to be done as per the Passport Act and Rules but in no circumstance below 10 years.

Telangana High Court Upholds Remand Of Ex-DSP Being Probed For Tapping Phones Of Political Rivals During Regime Of BRS Govt

Dugyala Praneeth Kumar alias Praneeth Rao vs. The State of Telangana

2024 LiveLaw (TS) 58

The Telangana High Court has recently upheld the remand of the DSP, a senior member of the Special Intelligence Branch, who is under investigation for charges of misusing his official position to monitor political rivals by tapping their phones, under the regime of the BRS government.

“This Court does not need any necessity to interfere with the interrogation timings or with regard to other aspects as contended by the learned senior counsel, as all precautions were taken by the trial court while granting police custody stating that the petitioner-accused shall not be subjected to any third-degree methods and that he should be given access to his counsel and that the entire interrogation shall be recorded under the audio and video recordings. As such, this Court does not find any merit in the contention of the learned senior counsel and any illegality or irregularity in the order of the trial court to interfere with the same,” Dr. Justice G. Radha Rani said.

Right To Remain Silent Is A Fundamental Right, Investigating Agency Can't Seek Extension Of Custody Due To Accused Remaining Silent: Telangana HC

Nossam Mohammed Yunus vs State of TS

2024 LiveLaw (TS) 59

The Telangana High Court has held that the right to remain silent is a fundamental right safeguarded under the constitution, and the investigating authority cannot file a second application for an extension of police custody owing to the fact that the accused was silent and did not give satisfactory answers. It said:

“It is relevant to note that with regard to the contention of the respondent/Investigating Agency that during interrogation the appellant could not give satisfactory reply towards the transactions and he was silent, it is apt to note that to remain silent during the investigation is a fundamental right guaranteed to the appellant/A.31 as per Article 20(3) of the Constitution of India. Therefore, the respondent/Investigating Agency cannot contend that the appellant could not give satisfactory reply towards certain transactions and he was silent.”

Other developments:

Supply On Petroleum Products To Puducherry's Yanam 'Significantly High': Andhra Pradesh High Court Seeks Response

The Andhra Pradesh High Court has concurred that the supply of petroleum products to Yanam, a town in Union Territory of Puducherry is 'significantly high”. It has thus directed petrol companies to submit records showing the supply, sale, and consumption of petrol and petrol products.

The order was passed by the Division Bench of Chief Justice Dhiraj Singh Thakur and Justice R. Raghunandan Rao in a PIL filed by A. Bhima Naga Ramesh challenging the inaction on part of the State Authorities in initiating action to stop alleged illegal trade of Petroleum products within the State of AP and specifically in the Union Territory.

“Since the supply to 14 petroleum outlets in Yanam appears to us to be significantly high, it would be better to seek some clarification from the petroleum companies, which have appointed retail dealers in Yanam area, to supply the information in this regard as to the exact quantity of the petroleum products supplied to their respective dealers in Yanam numbering 14 in all. The petroleum companies should also reflect the average sale expected from a retail outlet in any other comparable area having similar population. The statistics should reflect monthly supplies for the period with effect from March, 2023 to March, 2024,” the Court stated in its order.

Telangana High Court Initiates Suo Moto PIL On 6th Graders Plea To Shut Bar Allegedly Running In Residential Area

The Telangana High Court has suo moto taken up a Public Interest Litigation on the basis of a letter addressed to it by a 6^th grade student from Joseph Public School praying that the Court may direct for the Sai Yuva Bar, which is allegedly running in a residential colony and creating substantial nuisance, to be relocated.

CJI DY Chandrachud Lays Foundation Stone Of New Telangana High Court Building, Bats For Inclusive Infra For Women, Disabled

Chief Justice of India DY Chandrachud on Wednesday called for conducive infrastructure in courts for all, including women and the disabled. While laying the foundation stone for new Telangana High Court building he said,

"Infrastructure should not depict stubble signs of exclusion in the form of bad washrooms, absence of bar rooms for women, lack of ramps...Conspicuous in their absence they tell people that Courts are not meant for them or they must overcome additional hurdles to have access to justice. Lurking as bad infrastructure, these are vestiges of a patriarchal system that places undue importance on physical appearances. I believe the new High Court will be a great opportunity, to put a decisive end to some of these hurdles, at least in our physical infrastructure.”