The High Court dismissed a criminal petition challenging the dismissal of an application under Section 311 Cr.P.C. The Court held that the Magistrate correctly rejected the application as it was filed at the final stage of trial by the accused to protract proceedings and cause injustice to the complainant.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
APHC010096162019
[3333]
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
MONDAY ,THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE V.SUJATHA
CRIMINAL PETITION NO: 2005/2019
Between:
BogaVenkata Siva Prasad
...PETITIONER/ACCUSED
AND
PathapatiVijayalakshmi and Others
...RESPONDENT/COMPLAINANT(S)
Counsel for the Petitioner/accused:
Counsel for the Respondent/complainant(S):
1.PUBLIC PROSECUTOR (AP)
The Court made the following:
2
ORDER :-
The present criminal petition is filed seeking to quash the proceedings pertaining to order dated 30.01.2019, passed in Crl.M.P.No.1031 of 2018 in C.C.No.29 of 2016, on the file of learned Special Judicial Magistrate of First Class, Venkatagiri, Nellore District.
“ 311. Power to summon material witness, or examine person present.
[311-A. Power of Magistrate to order person to give specimen signatures or handwriting. [Inserted by Act of 2005, Section 27 (w.e.f. 23-6-2006).]
3
or shall attend at the time and place specified in such order and shall give his specimen signatures or handwriting:
Provided that no order shall be made under this Section unless the person has at some time been arrested in connection with such investigation or proceeding.]”
6. Accordingly, the Criminal Petition is dismissed.
As a sequel, miscellaneous petitions, if any, pending in this Criminal Petition shall stand closed.
__________________ JUSTICE V.SUJATHA
SCS 16.12.2024
4
198
THE HONOURABLE SMT JUSTICE V.SUJATHA
CRIMINAL PETITION NO: 2005 of 2019
Date:16.12.2024.
SCS.
2 issues framed by the court
Whether the Magistrate correctly dismissed the application under Section 311 Cr.P.C. filed at the fag end of trial for marking documents?
Whether the application was filed solely with the object of procrastination of trial?
2 provisions across 2 enactments
Boga Venkata Siva Prasad
Pathapati Vijayalakshmi and Others
V.Sujatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
