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Report No. 177

1.13.5 Andhra Pradesh

In the State of AP, the district of Medak was chosen as a test case for study in the State. The Committee constituted for the purpose has made the following relevant observations while furnishing the relevant statistics. They are:

(1) Only in about 40% of the cases, charge-sheets are filed within the stipulated time limit of ninety days. Frequently the IOs seek extension of judicial remand of the accused. The IOs have to be educated in the need for expeditious completion of investigation and filing of charge-sheets.

(2) A number of accused granted bail by the courts have not been able to avail the facility since they are unable to produce proper sureties. They continue to languish in judicial remand. No legal aid is being provided to them.

(3) "Though the number of arrests made without registering cases is of high proportion (3746 out of 8889 of arrests, i.e. roughly 42.14%), as many as 3164 are under preventive sections of law (108, 109, 110 and 151 CrPC). All these accused either were bound over by a magistrate within the stipulated time or who were released by the police agency itself. Hence, it is difficult to say that the power of arrest is not exercised with circumspection."

(4) The daily allowance provided for food etc. to the arrested persons is too meagre. Even this amount is not being drawn regularly from the treasury.

(5) In 30% of the cases (54 out of 172), the accused are not being produced before the court for various reasons.

(6) On several dates of hearing when the accused were produced before the court the cases were adjourned, or the accused was not examined or the witnesses were not examined for one or the other reason.

(7) "With the present quantum of work load on various courts in the district, the trial of cases is inordinately delayed (statistics in table 10). Increase in the number of courts, enhancing the scope of compoundable offences and limit on the number of adjournments could be the solution to the problem."

(8) It would be appropriate if the courts hold their sittings in the jail premises itself which would solve the problem of insufficiency of escort personnel. Such a measure was experimented within Hyderabad city three years back with considerable amount of success.

(9) For serious crimes like dacoities, robberies, economic crimes and gender crimes etc., special courts may be established to facilitate expeditious disposal of those cases."

So far as the statistics go, they disclose that out of 8889 arrests, 1209 and 418 are under sections 109 and 110/108, CrPC. As already stated, the number of arrests made without registering the crime is 3746. In the IPC offences, the arrests for rioting and hurt cases are the largest being 1052 and 1653 respectively. Arrests under Gambling Acts and Excise and Prohibition Acts are 277 and 151 respectively.

The facts and figures furnished from this State disclose that a large number of arrests were made without registering a crime (more than 42%) and that "preventive arrests" are quite substantial. A special feature of this state is the inability of producing the accused before the Court on the dates of hearing, which has led the police to suggest the venue of trials to jails. The phenomenon of frequent adjournments when the accused is produced and the witnesses are also ready, is also emphasized.



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