APCrRPCO Section 128 : Separate Petition to be Filed in Each Case

Explanation using Example

Example 1: Filing Separate Interlocutory Applications for Multiple Appeals

Introduction: Ravi, a businessman, is involved in two separate legal disputes. One is an appeal against a criminal conviction, and the other is a revision petition regarding a civil matter. Both cases are pending in the Andhra Pradesh High Court.

Application: According to Section 128 of The Andhra Pradesh Criminal Rules Of Practice And Circular Orders, 1990, Ravi must file a separate interlocutory application for each case. This means he cannot combine requests for interim relief or procedural changes into a single application for both cases.

Outcome: If Ravi fails to file separate petitions, the court may reject his applications for not complying with procedural rules. This could delay his requests for interim relief, potentially affecting his legal strategy and outcomes in both cases.

Conclusion: Compliance with Section 128 ensures that each case is treated independently, allowing the court to address specific issues without procedural confusion. Non-compliance could lead to procedural setbacks and additional legal costs.

Example 2: Consequences of Non-Compliance in Filing Separate Petitions

Introduction: Priya, a lawyer, represents a client in two different criminal appeals. She intends to file interlocutory applications for bail in both cases.

Application: As per Section 128 of the APCrRPCO, Priya must submit a separate interlocutory application for each appeal. This ensures that the court can consider the specifics of each case independently.

Outcome: If Priya mistakenly files a single application for both appeals, the court may dismiss the application due to procedural non-compliance. This could result in her client remaining in custody longer than necessary, impacting their personal and professional life.

Conclusion: Filing separate petitions is crucial for maintaining procedural integrity and ensuring timely judicial consideration. Non-compliance can lead to delays and adverse outcomes for clients.

Example 3: Special Circumstances and Procedural Adaptations

Introduction: Anjali, a legal aid attorney, is assisting a client with disabilities in two separate legal matters. The client faces challenges in accessing the court due to mobility issues.

Application: While Section 128 requires separate petitions for each case, Anjali can request accommodations for her client, such as electronic filing or assistance from court staff, to ensure compliance with procedural requirements.

Outcome: By addressing her client's unique needs, Anjali ensures that the legal process is accessible and that her client’s rights are protected without procedural violations.

Conclusion: The provision allows for procedural adaptations in special circumstances, ensuring equal access to justice while maintaining compliance with legal requirements.