Citation : 2022 Latest Caselaw 9305 AP
Judgement Date : 5 December, 2022
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT! MONDAY, THE FIFTH DAY OF DECEMBER RW THOUSAND 2 AND TWENTY TYYO PRESENT: THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY iA Neo. 2 OF 2022 iN CRLURC NOs 1138 OF 2022 Sahveen: Mandarapu Venkata Ramayya, S'o. Late Konda Baby, Hindu, Aged 46 years, Proprietor, Ae Lucky Enter ris 28, 2.No. $2-2-17 5/1 Jawahar nagar, Malkanuram Fost, Vis ishakanatnam, Vishakapatiam Oistriah Revision Fettoner/Appailant Accusad AND 1 The State of Andhra Pradesh, Represented by Public Prosecuter, High Court Of Andhra Pradesh At Amaravat Gunty District, 2. Sree Venkata Lakehmi Transport, MV Raghava Rac, Proprietor, S/o. Adinarayana, Aged 57 years, R/o. MIG 1/164, Guilalapalern, Sriharipuram, Miasikanuram Post, Vishakanainan, Vi Shaka apainan istrict. oRespondent(Campiainant Counsel for the Petitioner <RILARU NITHIN KRISHNA Counsel for the Respondent No.) PUBLIC PROSECUTOR (AP} Fetiion fled under Section G87 (1) CPC praying that in the circumstances stated in the affidavit fled in suppart of the netition, the High Court may be oleasad to Suspend the sentence of imorisanment and fine imposed on the Revision PetifioneAccused in C.C. No.7 7/2008 on the of file the Hon'ble Hi Additional Chief Metropolitan Magistrate At Visakhagsinam., as confirmed in Criminal Aposal Nost4 OF 2017 on the fils of AY Additional District anc Sessions Judge, Galuwaka, ve oe paren District, and also the operative portion of the judgment dated eafQQ202e in Criminal Appeal No.g71/2017 on the fle of IV Addifional District and Sage lONS Judge, Gahavaka, V hakapainam directing the Trial Court fo take steps for execution of santence, tl pending disposal of CRLRC No. 1158 of 2022, on the fle of fhe High » Court aie The sour while directing F matice to the Respondent ts herein to show CHU a8 fo why this apolinatior sche uid nat be complied with, made the following arderiThe raceint of this order wi b @ desred tg be the raceipt of notice in the case}. The Catet made the following ORDER:
"In the circumstances, the sentence imposed against the petitioner vide judgment, dated 18.04.2017, passed in cc No.77 of 2006 by the learned Ill Additional Chief Metropolitan Magistrate, At Visakhapatnam and as confirmed vide judgment, dated 22.09.2022, passed in Criminal Appeal No.211 of 2017 by the learned iV Additional Metropolitan" Sessions Judge, Visakhapatnam, at Gajuwaka, is suspended on condition of the petitioner depositing 20% of the cheque amount within a period of eight (8) weeks from today. In default of payment of the amount as directed supra, this Order will not enure to the benefit of the petitioner."
Sd/- U. SRI DEV ASSISTANT REGIS
IfTRUE COPY/! , oo SECTION OFFICER To,
1. The IV Additional District and Sessions Judge, Gajuwaka, Vishakapatnam District.
2. The Ill Additional Chief Metropolitan Magistrate At Visakhapatnam.
3. Sree Venkata Lakshmi Transport, M.V Raghava Rao, Proprietor, S/o. Adinarayana, R/o. MIG 1/194, Gullalapalem, Sriharipuram, Malkapuram Post, Vishakapatnam, Vishakapatnam District.( By RPAD) :
4. One CC to SRI. KILARU NITHIN KRISHNA Advocate [OPUC]
5. Two CCs to PUBLIC PROSECUTOR (AP) [OUT]
6. One spare copy
ER
HIGH COURT
SRK, J
DATED OS 22022
ORDER
1A NOLS OF 2022
iN
CRLRC.No.1738 of 2028
BAHL
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