Andhra Pradesh High Court - Amravati
Sivapuram Surendra Kumar vs Meda Venkata Naga Prasad on 19 April, 2021
Bench: R Raghunandan Rao
(SHOW CAUSE NOTICE BEFORE ADMISSION)
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI% AGN
MONDAY, THE NINETEENTH DAY OF APRIL, a 3
TWO THOUSAND AND TWENTY ONE ao
: PRESENT:
THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO
CRIMINAL PETITION NO: 2408 OF 2021 i
Between: -
Sivapuram Surendra Kumar, S/o. Late Seetha Ramaiah, Hindu, aged 49 years,
Business, .R/o. Giddalur Post, Giddaluru Mandal, Prakasam District, presently working
at Hyderabad.
...Petitioner/Appellant/Accused
AND
1. Meda Venkata Naga Prasad, S/o. Venkateswarlu, Hindu, aged about 50 years,
Business, R/o. Markapur Town, Prakasam District. -
..Respondent/ Respondent/Complainant
2. The State of AP, Rep. by its Public Prosecutor, High Court of AP at Amaravathi,
~ Guntur District.
...Respondent/ Respondent
WHEREAS the Petitioner above named through his Advocate Sri Pavani Siva
Kumar 'presented this Petition under Section 482 of Cr.P.C, praying that in the
circumstances stated-in the memorandum of grounds filed in the Criminal Petition, the
High Court may be pleased to Quash the Order dated 04-03-2021 passed in
Crl.MP.No.33 of 2021 in Cri. Appeal No.5 of 2021 on the file of the Court of Sessions,
Prakasam Division, Ongole (before the-VI Addl. District and Sessions Judge, Prakasam
at Markapur), in-so far as the condition imposed. that "on depositing 20 % of the fine
amount ordered by-the trial court, to be deposited before the trail court, within 60 days
from the date of this order i.e. on or before 02-05-2021""-is concerned.
AND WHEREAS the High Court upon perusing the petition and memorandum of
grounds filed herein and upon hearing the arguments of Sri Pavani Siva Kumar,
Advocate for the Petitioner and of Public Prosecutor for Respondent No.2, directed:
issue of notice to the Respondent No.1 herein to show cause as to why this CRIMINAL
PETITION should not be admitted.
You viz:
Meda Venkata Naga Prasad, S/o. Venkateswarlu, Hindu, aged about 50 years,
Business, R/o. Markapur Town, Prakasam District. 5
are- directed to show cause either appearing in person or through an Advocate, on or
before 27-04-2021 to which date the case stands posted as to why in the circumstances
set out in the petition and the memorandum of grounds filed therewith (copy enclosed)
this CRIMINAL PETITION should not be admitted.
IA NO: 1 OF 2021 .
Petition under Section 151 CPC praying that in the circumstances stated in the
memorandum of grounds filed in support of the petition, the High Court may be pleased
to suspend the Order dated 04-03-2021 passed in Crl.MP.No.33 of 2021 in Cri. Appeal
No.5 of 2021 on the file of the Court of Sessions, Prakasam Division; Ongole (before
the VI Addl. District and Sessions Judge, Prakasam at Markapur), in so far-as the
condition imposed that "on depositing 20 %:of the fine amount orderéd by the trial court,
to be deposited before the trail court, within 60 days from the date of this order i.e. oh or.
before-02-05- 2021" is: concemed, pending disposal of CRLP No.2408 of 2021, on the
file of the High-Court.
The Court made the following: ORDER
"Learned Additional Public Prosecutor has taken notice for respondent
No.2.
Issue notice to respondent No.1.
Learned counsel for the petitioner is permitted to take out personal notice
to the respondent No.1 by registered post with acknowledgment due and file
proof of service by the next date of hearing.
Post on 27.04.2021 in 'motion list'.
In the meantime, the petitioner shall deposit 10% of the fine amount
ordered by the trial Court on or before 02.05.2021 and comply with other terms
and conditions imposed in the order of the VI Additional District and Sessions.
Judge, Markapur, Prakasam District, Ongole dated 04.03.2021 in Cri.M.P.No.33 of
2021 in Cri.A.No.5 of 2021. |
Upon such deposit, the sentence imposed by the | Additional Judicial
Magistrate of First Class, Markapur in his Judgment dated 25.01.2021 in
C.C.No.410 of 2016 shall continue to remain suspended."
IITTRUE COPYI/
To,
1. The VI Addl. District and Sessions Judge, Prakasam at Markapur.
2. The | Additional Judicial Magistrate of First Class, Markapur
3. Meda Venkata Naga Prasad, S/o. Venkateswarlu, Hindu, aged about 50 years,
Business, R/o. Markapur Town, Prakasam District. (by RPAD- along with a copy
of petition and memorandum of grounds)
4. One CC to Sri Pavani Siva Kumar, Advocate [OPUC]
5. Two CCs to Public Prosecutor, High Court of Andhra Pradesh. [OUT]
6. One spare copy
SP |
'HIGH COURT
RRRJ
DATED: 19/04/2021
POST ON 27.04.2021 IN 'MOTION LIST'
NOTICE BEFORE ADMISSION
CRLP.No.2408 of 2021
DIRECTION
