P. Siva Parvathi, vs The State Of Ap Rep By Its Pp Hyd., 2 ...
2022 Latest Caselaw 1215 AP

           THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO

                              Crl.R.C.No.373 of 2008

ORDER:-

      The present Criminal Revision Case is filed under sections 397 & 401 of

Cr.P.C. aggrieved by the Judgment in C.C.No.158 of 2005 dated 23.03.2007 on

the file of the Court of VI Additional Munsif Magistrate, Guntur in not imposing

sufficient imprisonment against the respondent Nos.2 and 3.

2. Learned counsel for the petitioner submits that respondent No.3 died.

He submits that Criminal Appeal No.137 of 2007 on the file of VI Additional

District & Sessions Court (Fast Track Court), Guntur was preferred against the

order in C.C.No.158 of 2005 on the file of VI Additional Junior Civil Judge's

Court, Guntur in convicting the accused and the Criminal Appeal No.137 of

2007 is pending for adjudication since, 2008.

3. Learned counsel for the petitioner requested to transfer the present

Criminal Revision Case to the lower appellate Court where the appeal filed by

the accused is pending. As per Section 399 Cr.P.C., the Sessions Court

exercises revisional jurisdiction along with the High Court. Section 399(1) of

Cr.P.C. reads as follows:-

"Section.339 Sessions Judge's powers of revision:- (1) In the case of any proceeding the record of which has been called for by himself, the Sessions judge may exercise all or any of the powers which may be exercised by the High Court under sub- section (1) of section 401"

4. Having regard to the facts and circumstances of the case, this Court

deems it fit to transfer the Criminal Revision Case No.373 of 2008 to the lower

appellate Court to be tried along with Criminal Appeal No.137 of 2007 pending

before the VI Additional District & Sessions Court (Fast Track Court), Guntur

to avoid conflicting decisions. The lower appellate Court is hereby directed to

hear the Criminal Revision Case as well as the appeal filed against the same

judgment and dispose of in accordance with law.

5. With the above direction, the Criminal Revision Case is disposed of.

Pending Miscellaneous Petitions, if any, shall stand closed.

________________________________ JUSTICE TARLADA RAJASEKHAR RAO

Date: 08-03-2022 EPS

THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO

Crl.R.C.No.373 OF 2008

Date: 08-03-2022

EPS