Andhra Pradesh High Court - Amravati
Chittineni Srinivasa Rao vs Badugula Syamala Devi on 15 December, 2021
HIGH COURT OF ANDHRA PRADESH
MAIN CASE No: Crl.R.C.No.911 OF 2006
PROCEEDING SHEET
Sl. OFFICE
DATE ORDER
No NOTE.
RNT,J
10. 16.12.2021 No representation from the petitioner side.
It appears from the order sheet that by order
dated 30.05.2006, the revision is admitted and in .
Crl.M.P.No.1254 of 2006, the sentence of imprisonment
is suspended and petitioner was released on bail.
From the order sheet, it transpires that on
29.10.2018, the following order was passed:
"When the matter came up for
hearing, it is seen that in Crl.M.P.No.1254
of 2006, it was represented on behalf of
the petitioner that as if the petitioner was
on bail throughout pendency of
Crl.A.No.342 of 2004. Basing on the said
submission, this Court granted suspension
of sentence till disposal of the present
Criminal Revision Case.
However, judgment in
Crl.A.No.342 of 2004 would show that the
petitioner did not appear before the lower
appellate Court and therefore NBW was
issued against him and it appears, even
on the date of judgment also he was not
appeared and NBW was pending.
Thus, it is clear that during the
time when Criminal Appeal was pending
before the lower appellate Court, the
petitioner was not attending that Court
and misrepresented to this Court. In that
view, the petitioner does not deserve
suspension of sentence any more.
Hence, the order dated 30.05.2006
in Crl.M.P.No.1254 of 2006 is recalled and
the Registry is directed to issue Non-
bailable Warrant against the petitioner for
2
securing his presence.
Post the matter on 08.11.2018."
On 16.11.2018, the following order was passed:
"Registry shall address a letter to the
concerned police about the execution of Non-
bailable Warrant.
Post on 11.12.2018."
From the aforesaid, it is clear that the order of
suspension of sentence, dated 30.05.2006 passed in
Crl.M.P.No.1254 of 2006 was revoked and Registry was
directed to issue Non-bailable Warrant against the
petitioner for securing his presence.
The registry was also directed on 16.11.2018 to
address a letter to the concerned police about the issue
of Non-bailable Warrant. The office note, dated
16.12.2021
, shows that letter was addressed to the
Superintendent of Police, Guntur, but no report has
been received from the concerned Police. The said
letter was issued by the Assistant Registrar of erstwhile
High Court of Andhra Pradesh.
A perusal of the order, dated 17.11.2018, shows
that the copy of the order dated 29.10.2018 was also
annexed there to along with a copy of Non-bailable
Warrant.
In view of the aforesaid, the Superintendent of
Police, Guntur is directed to appear in person before
this court to explain whether the Non-bailable Warrant,
issued in terms of the order dated 29.10.2018 has been
executed or not, and if not executed, to show cause as
to why the Non-bailable was not executed in spite of
the order dated 16.11.2018 in pursuance of which, the
letter dated 17.11.2018 was also issued.
List on 30.12.2021.
Let this order be communicated to the
Superintendent of Police, Guntur forthwith and also
copy thereof be issued to S. Venkata Sainath, learned
Special Assistant Public Prosecutor for necessary action
at his end.
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RNT,J
Scs
