SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1991 Supreme(AP) 107

N.D.PATNAIK
Nadigadla Ananda Rao – Appellant
Versus
State Of A. P. – Respondent


N. D. PATNAIK, J.

( 1 ) THE petitioner who is one of the accused in Crime No. 104/85 of I town Police Station. Vizianagaram, was given pardon and taken as approver. The other accused were tried in Sessions Case No. 38/86 in the Court of the sessions Judge, Srikakulam, and during the trial, the petitioner was examined as PW 6. He has resiled from the earlier statement made by him before the Magistrate by whom the pardon was tendered to him. Therefore, on a certificate issued by the Public Prosecutor, he was tried for the main offence in Sessions Case No. 25/89 in the Court of the Sessions Judge, Srikakulam and was acquitted in that case. While acquitting the accused, the learned sessions Judge passed an order directing that he shall be prosecuted under section 193, IPC for giving false evidence and filed a complaint to that effect in the Court of the First Additional Judicial First Class Magistrate, srikakulam, but the learned Magistrate had taken cognizance as C. C. No. 180/90. In this petition filed under Sec. 482 Cr. P. C. the petitioner contends that he cannot be prosecuted under Sec. 193. IPC without the sanction of the High Court. The learned counsel for the petitioner has poin




Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top