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Mortha Lakshmi vs The State Of Andhra Pradesh Rep. By ... on 26 February, 2016

Therefore, with due respect to the Division Bench, the order in G. Yadagiri (2 supra) does not operate as precedent. We are unable to make the same observations as made by the Division Bench, in this writ petition, for the reason that the Rules do not envisage any such relaxation in favour of O.C. candidates and therefore, neither a direction nor an observation could be made by us contrary to the statutory Rules.
Andhra HC (Pre-Telangana) Cites 8 - Cited by 0 - Full Document

Mohammed Abdul Nayeem vs The State Of Andhra Pradesh on 19 September, 2023

4. The learned counsel for the petitioner has raised another ground that the police has not obtained permission from the learned Magistrate for investigation of the case under Section 155 of Cr.P.C as the offence under Section 171- H IPC is non-cognizable offence and to lay a charge sheet against the petitioner herein and relied on the judgment of this Court in S.Yadagiri Reddy and others v. State of Andhra Pradesh1.
Andhra Pradesh High Court - Amravati Cites 4 - Cited by 0 - Full Document

Gandepalli Rama Devi, vs State Of Ap on 16 February, 2024

2. The issue in the present criminal petition pertains to legal issue, the said legal issue is that, whether the learned Magistrate should give reasons for empowering the police officer to investigate the non-cognizable case? This Court in S.Yadagiri Reddy and others v. State of Andhra Pradesh 1, following the judgment of Sajjal Agawal and another v. State of Andhra Pradesh2, held that, it is desirable that the learned Magistrate should give reasons for empowering a police officer to investigate a non-cognizable case, so that an aggrieved party will be in a 1 2019 (1) ALD(Crl.)939 2 2011(1) ALT (Crl.) 59 (S.B.) 3 position to know for what reasons his application was considered or not considered and in opinion of the Court that the learned Magistrate should not be causal in granting permission under Section 155(2) of Cr.P.C. simply because a police officer requested for such permission. The learned Magistrate has to consider entire gamut of the case and take into account whether a police officer will be in a position to collect better material during investigation than the complainant himself furnishing material in support of his case. Otherwise, there is every possibility of misuse of Section 155(2) of Cr.P.C in case such a power is given to any unscrupulous police officer misusing his official position and harassing the named accused persons.
Andhra Pradesh High Court - Amravati Cites 7 - Cited by 0 - Full Document
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