advocatemmmohan
just another law knowledge bank
krishna mohan
He begot three children namely B. Uday born on 13-11-1995, B. Sai Pranay born on 25-09-1997 and Rohith born on 19-04-2000 by reason of which he was barred to contest the election under Section 21-B of the GHMC Act. But suppressing that fact, he filed his nomination papers. His election is liable to be set aside .
HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA AND HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY C.M.A.No.1376 of 2011 23-11-2012 B. Ravi Yadav Cherkula Uday Kumar and others !Counsel for the Appellant Counsel for Respondents: Sri J. Prabhakar <Gist: >Head Note: ?Cases referred: 1. 2010 (9) SCC 209 2. AIR 1976 KARNATAKA 231 3. AIR 1988 SC 1796 4. … Continue reading
Group I service exams?= The writ petition is directed against the order of the Andhra Pradesh Administrative Tribunal, Hyderabad (for short the ‘Tribunal’) dated 30-12-2011, in a batch of applications being O.A.No.9928 of 2011 and batch. By the order impugned, the Tribunal directed stay of all further proceedings including conduct of interviews relating to selection of candidates to the posts of Group-I services notified under Notification No. 39 of 2008 and the Supplementary Notification No.10 of 2009=In order to provide a fair opportunity to all the candidates including candidates who appeared at the interviews to participate in the lis pendency before the Tribunal, we consider it appropriate to direct the State and the Commission to intimate in writing to each of the candidates who would appear at the interview, that the selection including the process of interviews will be subject to the result of original applications, pending adjudication before the Tribunal. The State Government shall also intimate that the selection is subject to the outcome of the original applications pending adjudication before the Tribunal by publicity in the daily press and electronic media. On the analysis and for the reasons above, the writ petition is allowed to the extent of permitting the Commission to proceed with the process of selection including the process of oral interviews, pursuant to the general recruitment Notification No. 39 of 2008 and Supplemental Notification No. 10 of 2009, subject however to the condition that no orders of appointment shall be issued without obtaining specific orders of the Tribunal in O.A.No. 9928 of 2011 and batch.
THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY W.P. No. 68 of 2012 Dated 02-01-2012 Between: The Secretary, Andhra Pradesh Public Service Commision, Andhra Pradesh, Nampally, Hyderabad. …Petitioner Vs. P. Prasanna Kumar and others. …Respondents THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE … Continue reading
Penal Code, 1860: ss. 409, 420, 467, 477-A r/w 120-B-Forgery and misappropriation of bank loans-Bank Manager and Field Officer in conspiracy with each other sanctioned and disbursed loans in names of fictitious persons-Trial Court holding both guilty and sentencing them-Acquittal by High Court-HELD: Prosecution has brought ample material on record which led to only one conclusion that accused committed the offences-Exoneration of one of the accused in departmental inquiry initiated only against him having concluded before police investigation stated in the case, would be of no avail as Inquiry Officer did not have benefit of the evidence that was made available in the criminal proceedings-Besides, the inquiry report was not brought on record and factum of exoneration in departmental proceedings was taken as a defence, it was for the accused to bring on record the relevant material, which was not done-High Court also erred in purporting to hold that specimen finger print and handwritings could not have been taken from accused-ss. 5 and 6 of Identification of Prisoners Act, clearly provides for such a contingency-High Court completely misdirected itself in passing a judgment of acquittal-Judgment of High Court set aside-Prevention of Corruption Act, 1944-ss. 5(1) and 5(2)-Code of Criminal Procedure, 1973-Appeal against acquittal-Identification of Prisoners Act, 1920-ss. 5 and 6. Prevention of Corruption Act, 1947: s. 5(1) r/w s.5(2), proviso-Bank Manager and Field Officer forging loans in names of fictitious persons-Both held guilty by trial court-Acquittal by High Court-HELD: Bank Manager completing all formalities required to be complied with for grant of loan including obtaining appraisal report from Field Officer, sanction and disbursement of loan on date of filing of loan application itself-Entire prosecution relating to forgery and misappropriation having been attributed to the Manager, and he having used the appraisal reports prepared by Field Officer, a case is made out to invoke the proviso appended to sub-s.(2) of s.5 in the case of Field Officer-Therefore, while upholding conviction and sentence awarded by trial court as against the Manager, sentence of rigorous imprisonment of three months is imposed on Field Officer-Penal Code, 1860-ss. 409, 420, 467 and 477-A r/w 120-B IPC. Code of Criminal Procedure, 1973: Appeal against acquittal-Jurisdiction of appellate Court-HELD: an appellate court, while entertaining an appeal against acquittal, would be entitled to consider the evidence brought on record and arrive at its own conclusion-Interference with a judgment of acquittal may not be made when two views are possible to be taken but when only one view is possible to be taken, appellate court would not hesitate to interfere with judgment of acquittal-In the instant case no two views are possible to be taken-Accused were rightly held guilty of the offences charged-High Court misdirected itself in passing judgment of acquittal-Judgment of High Court set aside-Penal Code, 1860-ss. 409, 420, 467, 477-A r/w s.120-B-Prevention of Corruption Act, 1947-ss. 5(1), (2). Respondent A-1 and respondent A-2, who were Manager and Field Officer respectively of the appellant Bank, were prosecuted under ss. 409, 420, 467 and 477-A read with s.120-B IPC and s.5 read with s.5(2) of the Prevention of Corruption Act, 1947. The allegations against them were that during the period 7.12.1984 to 14.8.1986, they conspired with each other in matter of sanctioning and disbursing 6 Crop Loans of Rs.5000/- each in the names of fictitious persons by forging signatures and thumb impressions of proposed borrowers in documents resulting in misappropriation of the proceeds of Rs.30,000/-. The trial court held both the accused guilty of the offences charged and sentenced both of them to rigorous imprisonment for six moths. It rejected the plea of respondent A-2 that in view of the departmental proceedings against him resulting in his exoneration he was entitled to be acquitted. On appeal, the High Court acquitted the accused observing, inter alia, that the procedure adopted for obtaining finger prints being contrary to fundamental rights of the accused, the same was not admissible in evidence; that neither the Bank received any complaint from loanees nor did the prosecution bring any corroborative material on record. In the instant appeals filed by the Bank, it was contended for respondent A-2 that he merely prepared the appraisal report and he was not involved in any forgery; that he joined the service only in 1984 and was transferred on or about 14.8.1986, and subsequent renewals of loans having been prepared in 1987, he was entitled to acquittal. =Allowing the appeals, the Court HELD: 1.1. In the instant case, evidently, the formalities required to be complied with for grant of loan, appraisal report recommendation prepared by respondent A-2 and sanction and disbursement of loan by respondent A-1 were completed on the very same day on which application for grant of loan was filed. It has furthermore been brought on record that PW-21 and PW-22 on whose behalf loan was applied, were known to respondent A-1. They stated that they were residents of a district different than that shown in their applications. This clearly establishes that the transactions were manipulated by respondent A-1. PW-3, in her deposition, in no uncertain line, stated that all transactions right from application to disposal took place in the afternoon of a day and all the documents used to be processed during the lunch hour, whereas as per to the procedure, the disbursement of loan could take place only upon proper verification thereof. The modus operandi of respondent A-1 appeared to be that he had affixed his own thumb impression instead of those of the loanees. Upon sanction of the said loan, the accountant concerned paid the amount of loan to accused A-1. The said loans were also renewed for the years 1986 and 1987. [Para s 12, 14, 24 and 25] [581-C; 582-B-C-D; 584-B-C] 1.2. The finger print expert (PW-17), in his evidence, proved that specimen fingerprints tallied with the disputed fingerprints. PW-17 is a qualified and experienced fingerprint expert. There is no reason to discredit his testimony. Apart from the fingerprints, the prosecution also obtained the specimen handwritings of respondent A-1. Handwritings on the said loan documents/applications for grant of loan was found to be that of accused No.1. The High Court also committed a manifest error in purporting to hold that the specimen fingerprints and handwritings could not have been taken from respondent A-1. Sections 5 and 6 of the Identification of Prisoners Act, 1920 clearly provides for such a contingency. [Paras 15, 17, 18, 34 and 35] [582-E, G; 583-A-B; 586-F-G] State of Bombay v. Kathi Kalu Oghad, AIR (1961) SC 1808, relied on. 1.3. It may be true that there was no documentary evidence to show that the amount had actually been paid in cash to the respondent A-1. But then no documentary evidence would be available as it was for the respondent A-1, as Manager of the Bank, to hand over the amount in cash to the loanees upon receiving the same from PW-3. Besides, PW-5 also stated that debit vouchers (Ext. P-6) contained only one stamp showing as cash paid but it did not contain his signature, although it purported to have been shown to be his. Ext. P-6 was, therefore, a forged document. [Paras 20 and 21] [583-E-F, D] 1.4. PWs 3 and 5 who had been working in the same branch of the bank with the respondents have proved the procedure adopted in the matter of grant of loan. There cannot, therefore, be any doubt whatsoever that ample materials have been brought on record by the prosecution which led to only one conclusion that the accused were responsible therefor. [Para 22] [583-G] 1.5. It may be that no act of forgery and misappropriation has been attributed to respondent A-2, but he was the one who had prepared the appraisal report. After preparation of such appraisal report, the loan amounts were sanctioned and the amount of loan purported to have been paid to the loanees and, therefore, he was also guilty of commission of the said offences. [Para 23] [583-H; 584-A] 2. The High Court purported to have laid emphasis on exoneration of respondent A-2 in departmental enquiry. The departmental enquiry was initiated only against respondent A-2 and was completed even before the police investigation in the case started. The enquiry officer did not have the occasion to consider all the materials brought on record by the prosecution which clearly established the involvement of the respondents. Exoneration of respondent A-2 in the departmental proceedings cannot, therefore, lead to the conclusion that he was not guilty of commission of the offences wherefor he was charged. Furthermore, the enquiry report has not been brought on record. Besides, the factum of exoneration of respondent A-2 in the departmental proceedings was raised by way of defence. It was, therefore, obligatory on his part to bring on record all the relevant documents, including the findings of the Enquiry Officer. [Paras 27, 28, 29 and 33] [574-E-F; 584-G-H; 585-A; 586-D-E] P.S. Rajya v. State of Bihar, [1996] 9 SCC 1, distinguished. State of Haryana v. Bhajan Lal, [1990] 3 SCR 259=[1992] Supp. 1 SCC 335 and Superintendent of Police (CBI) v. Deepak Chowdhary & Ors., [1995] 6 SCC 225, referred to. 3. The High Court, therefore, completely misdirected itself in passing a judgment of acquittal in favour of the respondents. The trial judge had assigned cogent reasons in support of its findings. The High Court did not meet the said reasoning. The impugned judgment of the High Court cannot be sustained. [Paras 26 and 37] [584-D; 859-B] 4. The Court is not oblivious of the fact that presumption of innocence is a human right and when an accused is acquitted by a court, such presumption becomes stronger. It is, however, a trite law that an appellate court, while entertaining an appeal from a judgment of acquittal, would also be entitled to consider the evidences brought on record by both the prosecution and the defence and arrive at its own decision. Interference with a judgment of acquittal may not be made when two views are possible to be taken, but when on appraisal thereof, only one view is possible, the appellate court would not hesitate to interfere with the judgment of acquittal. In this case, the Court is firmly of the view that no two views are possible to be taken. [Paras 37 and 38] [589-B, D, E] State of Haryana v. Sher Singh & Ors., [2002] 9 SCC 356; Narender Singh & Anr. v. State of M.P., [2004] 10 SCC 699 and Budh Singh & Ors. v. State of U.P., [2006] 9 SCC 731, referred to. 5. The entire prosecution case relating to charges of forgery and misappropriation has been attributed to respondent A-1 alone. Thus, a case has been made out to invoke the proviso appended to sub-section (2) of Section 5 of the Prevention of Corruption Act, 1947 in the case of respondent A-2. Furthermore, he worked in the bank for a short period and was still undergoing probation. Forgery and misappropriation was committed by respondent A-1 even thereafter. The appraisal reports prepared by respondent A-2 were used by respondent A-1 also for the subsequent period, namely, 1987 when respondent A-2 was no longer working in the said branch. Therefore, while upholding the conviction and sentence awarded by the trial judge as against respondent A-1, in view of the special reasons recorded in the judgment, a sentence of rigorous imprisonment of three months is imposed on respondent A-2. He shall, however, be liable to pay a fine of Rs.20,000/- (Rupees twenty thousand only) and in default shall undergo a sentence of three months. [Paras 40, 41 and 42] [589-G; 590-A-C] A. Sharan , ASG., Amit Anand Tiwari and P. Parmeswaran for the Appellants. L.N. Rao, R. Santhan Krishnan, K. Radha Rani, P. Vijaya Kumar and D. Mahesh Babu for the Respondents. =Allowing the appeals, the Court HELD: 1.1. In the instant case, evidently, the formalities required to be complied with for grant of loan, appraisal report recommendation prepared by respondent A-2 and sanction and disbursement of loan by respondent A-1 were completed on the very same day on which application for grant of loan was filed. It has furthermore been brought on record that PW-21 and PW-22 on whose behalf loan was applied, were known to respondent A-1. They stated that they were residents of a district different than that shown in their applications. This clearly establishes that the transactions were manipulated by respondent A-1. PW-3, in her deposition, in no uncertain line, stated that all transactions right from application to disposal took place in the afternoon of a day and all the documents used to be processed during the lunch hour, whereas as per to the procedure, the disbursement of loan could take place only upon proper verification thereof. The modus operandi of respondent A-1 appeared to be that he had affixed his own thumb impression instead of those of the loanees. Upon sanction of the said loan, the accountant concerned paid the amount of loan to accused A-1. The said loans were also renewed for the years 1986 and 1987. [Para s 12, 14, 24 and 25] [581-C; 582-B-C-D; 584-B-C] 1.2. The finger print expert (PW-17), in his evidence, proved that specimen fingerprints tallied with the disputed fingerprints. PW-17 is a qualified and experienced fingerprint expert. There is no reason to discredit his testimony. Apart from the fingerprints, the prosecution also obtained the specimen handwritings of respondent A-1. Handwritings on the said loan documents/applications for grant of loan was found to be that of accused No.1. The High Court also committed a manifest error in purporting to hold that the specimen fingerprints and handwritings could not have been taken from respondent A-1. Sections 5 and 6 of the Identification of Prisoners Act, 1920 clearly provides for such a contingency. [Paras 15, 17, 18, 34 and 35] [582-E, G; 583-A-B; 586-F-G] State of Bombay v. Kathi Kalu Oghad, AIR (1961) SC 1808, relied on. 1.3. It may be true that there was no documentary evidence to show that the amount had actually been paid in cash to the respondent A-1. But then no documentary evidence would be available as it was for the respondent A-1, as Manager of the Bank, to hand over the amount in cash to the loanees upon receiving the same from PW-3. Besides, PW-5 also stated that debit vouchers (Ext. P-6) contained only one stamp showing as cash paid but it did not contain his signature, although it purported to have been shown to be his. Ext. P-6 was, therefore, a forged document. [Paras 20 and 21] [583-E-F, D] 1.4. PWs 3 and 5 who had been working in the same branch of the bank with the respondents have proved the procedure adopted in the matter of grant of loan. There cannot, therefore, be any doubt whatsoever that ample materials have been brought on record by the prosecution which led to only one conclusion that the accused were responsible therefor. [Para 22] [583-G] 1.5. It may be that no act of forgery and misappropriation has been attributed to respondent A-2, but he was the one who had prepared the appraisal report. After preparation of such appraisal report, the loan amounts were sanctioned and the amount of loan purported to have been paid to the loanees and, therefore, he was also guilty of commission of the said offences. [Para 23] [583-H; 584-A] 2. The High Court purported to have laid emphasis on exoneration of respondent A-2 in departmental enquiry. The departmental enquiry was initiated only against respondent A-2 and was completed even before the police investigation in the case started. The enquiry officer did not have the occasion to consider all the materials brought on record by the prosecution which clearly established the involvement of the respondents. Exoneration of respondent A-2 in the departmental proceedings cannot, therefore, lead to the conclusion that he was not guilty of commission of the offences wherefor he was charged. Furthermore, the enquiry report has not been brought on record. Besides, the factum of exoneration of respondent A-2 in the departmental proceedings was raised by way of defence. It was, therefore, obligatory on his part to bring on record all the relevant documents, including the findings of the Enquiry Officer. [Paras 27, 28, 29 and 33] [574-E-F; 584-G-H; 585-A; 586-D-E] P.S. Rajya v. State of Bihar, [1996] 9 SCC 1, distinguished. State of Haryana v. Bhajan Lal, [1990] 3 SCR 259=[1992] Supp. 1 SCC 335 and Superintendent of Police (CBI) v. Deepak Chowdhary & Ors., [1995] 6 SCC 225, referred to. 3. The High Court, therefore, completely misdirected itself in passing a judgment of acquittal in favour of the respondents. The trial judge had assigned cogent reasons in support of its findings. The High Court did not meet the said reasoning. The impugned judgment of the High Court cannot be sustained. [Paras 26 and 37] [584-D; 859-B] 4. The Court is not oblivious of the fact that presumption of innocence is a human right and when an accused is acquitted by a court, such presumption becomes stronger. It is, however, a trite law that an appellate court, while entertaining an appeal from a judgment of acquittal, would also be entitled to consider the evidences brought on record by both the prosecution and the defence and arrive at its own decision. Interference with a judgment of acquittal may not be made when two views are possible to be taken, but when on appraisal thereof, only one view is possible, the appellate court would not hesitate to interfere with the judgment of acquittal. In this case, the Court is firmly of the view that no two views are possible to be taken. [Paras 37 and 38] [589-B, D, E] State of Haryana v. Sher Singh & Ors., [2002] 9 SCC 356; Narender Singh & Anr. v. State of M.P., [2004] 10 SCC 699 and Budh Singh & Ors. v. State of U.P., [2006] 9 SCC 731, referred to. 5. The entire prosecution case relating to charges of forgery and misappropriation has been attributed to respondent A-1 alone. Thus, a case has been made out to invoke the proviso appended to sub-section (2) of Section 5 of the Prevention of Corruption Act, 1947 in the case of respondent A-2. Furthermore, he worked in the bank for a short period and was still undergoing probation. Forgery and misappropriation was committed by respondent A-1 even thereafter. The appraisal reports prepared by respondent A-2 were used by respondent A-1 also for the subsequent period, namely, 1987 when respondent A-2 was no longer working in the said branch. Therefore, while upholding the conviction and sentence awarded by the trial judge as against respondent A-1, in view of the special reasons recorded in the judgment, a sentence of rigorous imprisonment of three months is imposed on respondent A-2. He shall, however, be liable to pay a fine of Rs.20,000/- (Rupees twenty thousand only) and in default shall undergo a sentence of three months. [Paras 40, 41 and 42] [589-G; 590-A-C] A. Sharan , ASG., Amit Anand Tiwari and P. Parmeswaran for the Appellants. L.N. Rao, R. Santhan Krishnan, K. Radha Rani, P. Vijaya Kumar and D. Mahesh Babu for the Respondents. =2008 AIR 368 , 2007(11 )SCR570 , , 2007(12 )SCALE618 , 2007(12 )JT413
CASE NO.: Appeal (crl.) 1394-1395 of 2004 PETITIONER: State through SPE & CBI, AP RESPONDENT: M. Krishna Mohan & Anr DATE OF JUDGMENT: 12/10/2007 BENCH: S.B. Sinha & Harjit Singh Bedi JUDGMENT: J U D G M E N T S.B. Sinha, J. 1. Correctness of a judgment of acquittal passed by the High Court … Continue reading
SERVICE MATTER = As has been held by this Court in Director, SCTI for Medical Science & Technology and Another v. M. Pushkaran (supra) each case must be considered on its own merits and where the Court does not find any reason for the authorities not to offer any appointment to the candidate placed in the selection panel the Court can direct appointment. In the facts of the present case, the Madras High Court did not see any justification on the part of the Central Government in not giving effect to the select panel when there was a very large pendency of cases in the Income Tax Appellate Tribunal resulting in hardship to the litigant public as well as loss to the exchequer, but after the Appointments Committee approved appointments of 16 selected candidates found suitable for appointment as members of the Income Tax
1 Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 6567-6569 OF 2010 Union of India & Anr. … Appellants Versus Pradip Kumar Kedia Etc. … Respondents J U D G M E N T A. K. PATNAIK, J. These are the appeals against the common judgment dated 20.03.2009 of the … Continue reading
mere filing of criminal case does not amount to treating the petitioner with cruelty unless it is substantiated that it was filed with false allegations to harass the petitioners about which there is no evidence. On the other hand, if the allegations made in the Criminal case are true it amounts to that the petitioner treated the respondent with cruelty.
THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE G. KRISHNA MOHANREDDY FAMILY COURT APPEAL No.56 OF 2011 JUDGEMENT :(Per Hon’ble Sri Justice. G. Krishna Mohan Reddy) This Family Court Appeal filed under Section 19 of the Family Courts Act is directed against order of dismissal dated 24-01-2011, passed in O.P. No.284 of … Continue reading
when to compound the offence?=the question of compounding the offences in respect of which the petitioner was convicted and sentenced before this Court does not arise at all because the corresponding criminal case was already disposed of finally. Therefore, the plea of the petitioner to do so is to be rejected even supposing that Section 326 IPC is compoundable.
THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY Crl.R.C.M.P.No.1835 of 2011 and bt 1-7-2011 Asi Balayya (A1)and others State of A.P.,rep. by P.P. and another Counsel for the Petitioner: Sri T.PRASANNA KUMAR Counsel for the Respondent No.1: The Public Prosecutor :JUDGMENT: The revision petition is filed under Section 397 and 401 Cr.P.C. against common judgment made … Continue reading
child abuse – acquitted =The accused was working as Teacher in a private school at Lingapur village, on 22.6.2002 during evening hours, the daughter of the defacto-complainant namely Tulasi informed her mother that the accused removed her underwear and inserted his pennies into her anus, as a result of which, she sustained bleeding injury to her private parts, thereafter the accused instructed the school attenders Smt.Mallamma and Chandrakala to wash the body and clothes of the victim. On 24.6.2002, the father of the victim and others questioned the accused about the incident, then the accused admitted his guilt but prayed not to give any report against him.
THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY CRIMINAL REVISION CASE No.1416 of 2004 15-7-2011 Karri Simhachalam Naidu State of A.P.,rep. by P.P. Counsel for the Petitioner: Sri C.Praveen Kumar Counsel for the Respondents: The Public Prosecutor :JUDGMENT: This revision has arisen out of concurrent findings recorded by the Principal Assistant Sessions Judge, Ranga Reddy district … Continue reading
advocatemmmohan 