Thatichettu Kondaiah vs Thatichettu Mallaiah , Margari ...

Citation : 2024 Latest Caselaw 2167 Tel
Judgement Date : 10 June, 2024

Telangana High Court

Thatichettu Kondaiah vs Thatichettu Mallaiah , Margari ... on 10 June, 2024

       IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH

                                AT HYDERABAD

               MONDAY THE SEVENTEENTH DAY OF AUGUST
                      TWO THOUSAND AND NINE
                             : PRESENT:

           THE HON'BLE SRI JUSTICE B. SESHASAYANA REDDY

                            CRL.RC.No.1255 of 2009

Between:

Thatichettu Kondaiah, S/o. Ramaiah.

                                                                          Petitioner

                                      AND



  1.    Thatichettu Mallaiah @ Margari Mallaiah, S/o. Gattaiah, Occ: Agriculture,
           R/o. Mirdoddi Village & Mandal, Medak District.

  2.    Gottam Yadaiah, S/o. Balnarsaiah, Occ: Agriculture, R/o. Mirdoddi Village
           & Mandal, Medak District.

  3.    Gottam Narsimulu, S/o. Balnarsaiah, Occ: Agriculture, R/o. Mirdoddi
           Village & Mandal, Medak District.

  4.    Gottam Seetharamulu, S/o. Balnarsaiah, Occ: Agriculture, R/o. Mirdoddi
           Village & Mandal, Medak District.

  5.    Gottal Balnarsaiah, S/o. Narsaiah, Occ: Agriculture, R/o. Mirdoddi Village &
           Mandal, Medak District.

  6.    State of Andhra Pradesh, rep. by its Public Prosecutor, High Court of A.P.

                                                                      Respondents



        Whereas Petition under Section 397 & 401 of Cr.PC, to set aside the
judgment in S.C. No. 297 of 2008 dated: 12-06-2009 on the file of VI Additional
District and Sessions Judge, Medak at Siddipet, against the Respondents No. 1 to 5
and convict the respondents 1 to 4 for an offence under Section 307, 302 r/W. 149
IPC and against Respondent No. 5 for an offence under Section 307, 109, 302 r/w.
109 IPC;



        And Whereas the Court upon perusing the petition and memo of grounds filed
herein and upon hearing the arguments of Sri. K. Anthony Reddy, Advocate for the
petitioners, who submitted that A3 has filed an appeal against his conviction and
sentence for the offences under Sections 148, 307 and 302 IPC and the said appeal
is pending as CRLA. No. 685 of 2009 and of the Public Prosecutor for the
Respondent No.6, while admitting the Criminal Revision Case and while directing
 the Registry to issue Notice and directed the Registry to issue N.B.W. as provided
under Section 390 Cr.P.C. against the respondents 1 to 5 and on execution of the
NBW, they shall be produced before the Judicial Magistrate of First Class Siddipet;



You viz;

The Superintendent of Police, Medak District at Sangareddy.



are hereby directed to arrest the said respondents 1 to 5 namely; 1. Thatichettu
Mallaiah @ Margari Mallaiah, S/o. Gattaiah, Occ: Agriculture, R/o. Mirdoddi Village
& Mandal, Medak District, 2. Gottam Yadaiah, S/o. Balnarsaiah, Occ: Agriculture,
R/o. Mirdoddi Village & Mandal, Medak District, 3. Gottam Narsimulu, S/o.
Balnarsaiah, Occ: Agriculture, R/o. Mirdoddi Village & Mandal, Medak District, 4.
Gottam Seetharamulu, S/o. Balnarsaiah, Occ: Agriculture, R/o. Mirdoddi Village &
Mandal, Medak District, 5. Gottal Balnarsaiah, S/o. Narsaiah, Occ: Agriculture, R/o.
Mirdoddi Village & Mandal, Medak District wherever they found and produce them
bodily under safe custody and conduct before the Judicial Magistrate of First Class
Magistrate, Siddipet.



On such production the Judicial Magistrate of First Class, Siddipet directed the
release the Respondents 1 to 5 on bail on executing a bond for Rs. 10,000/-(Rupees
Ten thousand only) each with two sureties for the like sum each to the satisfaction of
the Judicial Magistrate of First Class, Siddipet.

    You are further directed to execute the Warrant without fail and to return the
same as early as possible preferably on or before 12-10-2009 to this Court with a
detailed report stating the manner in which it has been executed.

         Herein fail not.




                                                                   JOINT REGISTRAR



To

  1.       The Superintendent of Police, Medak District at Sangareddy, (BY RPAD
              with a copy of petition and grounds)

  2.       The Judicial Magistrate of First Class, Siddipet. Medak District.

  3.       Two CCs to the Public Prosecutor, High Court of A.P. Hyderabad(OUT)

      5 One CC to Sri. K. Anthony Reddy, Advocate(OPUC)

      6 One Spare copy

ksv
 HIGH COURT




BSSRJ




DT. 6-8-2009
 NOTE: POST AFTER ONE WEEK




ORDER:

CRL.RC.NO. 1255 OF 2009 EXTENDING THE INTERIM ORDER HIGH COURT BRT DRAFTED ON: 10-8-2009 BSSRJ DT. 6-8-2009 NOTE: POST AFTER ONE WEEK ORDER:

CRL.RC.NO. 1255 OF 2009 EXTENDING THE INTERIM ORDER