APCrRPCO Chapter I : Preliminary
Act
Summary
Chapter I of the Andhra Pradesh Criminal Rules Of Practice And Circular Orders, 1990, provides essential definitions and preliminary guidelines for criminal courts in the state. It clarifies terms such as "Code," "Government," and "High Court," and outlines court hours and procedures for judicial work. The section also specifies conditions for conducting judicial activities, including exceptions for holidays and special circumstances.
JavaScript did not load properly
Some content might be missing or broken. Please try disabling content blockers or use a different browser like Chrome, Safari or Firefox.
Explanation using Example
Example 1: Understanding the Role of a Sessions Judge
Introduction: Ramesh is accused of a serious crime in Hyderabad, a metropolitan area in Andhra Pradesh. His case is scheduled to be heard in the local court.
Application: According to the Andhra Pradesh Criminal Rules Of Practice And Circular Orders, 1990, Section (d), the term "Sessions Judge" includes the Metropolitan Sessions Judge. Since Hyderabad is a metropolitan area, Ramesh's case will be presided over by the Metropolitan Sessions Judge.
Outcome: The Metropolitan Sessions Judge has the authority to hear and decide on Ramesh's case. If Ramesh is found guilty, the judge will also determine the appropriate sentence based on the severity of the crime and applicable laws.
Conclusion: This provision ensures that cases in metropolitan areas are handled by judges with specific jurisdiction, maintaining the efficiency and appropriateness of legal proceedings.
Example 2: Clarifying the Role of a Special Magistrate
Introduction: Priya is involved in a minor traffic violation in Visakhapatnam, which is categorized as a special case due to its unique circumstances.
Application: As per Section (d) of the Andhra Pradesh Criminal Rules Of Practice And Circular Orders, 1990, "Special Magistrate" includes Special Metropolitan Magistrate. Priya's case, being a special case, is assigned to a Special Metropolitan Magistrate who has the authority to handle such matters.
Outcome: The Special Metropolitan Magistrate will review the details of Priya's case and decide on the appropriate penalty or corrective measure. This ensures that special cases are handled by magistrates with the necessary expertise and jurisdiction.
Conclusion: This provision allows for specialized handling of cases, ensuring that unique legal issues are addressed by appropriately designated magistrates.
Example 3: Role of the High Court in Overseeing Lower Courts
Introduction: A legal dispute arises in Vijayawada, and the parties involved are dissatisfied with the decision of the lower court.
Application: According to Section (c) of the Andhra Pradesh Criminal Rules Of Practice And Circular Orders, 1990, "High Court" refers to the High Court of Andhra Pradesh. The parties can appeal the decision to the High Court for further review.
Outcome: The High Court of Andhra Pradesh will examine the case records and the lower court's decision to ensure justice is served. If necessary, the High Court may overturn or modify the lower court's ruling.
Conclusion: This provision ensures a hierarchical judicial review process, allowing for appeals and oversight to maintain fairness and justice in the legal system.
Download Digital Bare Acts on mobile or tablet with "Kanoon Library" app
