Andhra Pradesh High Court - Amravati
T H E H Ocnrpmui Rae Lreevs Fsll ... vs And on 18 April, 2023
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lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
TUESDAY
lut=OU/`' ,THE EIGHTEENTH
,lllL -,_...__ DAY OF
_ _ ._ _ A ,rLIT`/ APRIL
TuF2FF:
"o THOUSAND AND TWENTY THREE
I. PRESENT-.
T H E H OcNRPMUI RAE LREEVS Fsll guNScTICsEE KN8F2E9E8NbVFA2SoA23RE D DY, ,
Between-.
God'l VenugOPala Rao, S/a. Suryanarayana, Aged 37 years, Drive Of Auto
Revision
bear'lng No. AP20781 Siripalli Village, Ainvilli Mandal,East GodaVari Petitioner
Dist
Appellant/ Accused
AND Respondent
1. The Station House Off'lcer, AmalaPuram Taluka P.S. East GodaVan Distr',Ct
complainant
2 The State Of Andhra PradeSh, Rep by its Public Prosecutor, High Court Bldgs,
AmaraVati Respondent
Revision filed under Sections 397 & 401 of Cr.P.C., praying that in the
clrcumstances stated ln the memorandum of grounds flled ln support of the crlmlnal
Revis'lOn Case, the High Court may be Pleased tO Ca" for the records relatlng tO
order dt 27 7 2022 passed ln Crl A No 122/2020 on the flle Of Hon'ble " Addl DlstrlCt
Judge, AmalaPuram, East Godavarl Dlstrlct and eXamlne Its legallty, PrOPrletty and
correctness of the same and consequently set aslde the same by allowlng the
revision in the interest of justice.
lA NO|-p2e3tFon2Ou2n3der section 397 (1) of Cr.P.C., praying that in the ClrCumStanCeS
stated ln the memorandum of grounds flled ln Support Of the PetltlOn, the Hlgh Court
may be pleased to enlarge the petltloner / appellant /accused on ba" by suspendlng
the sentence and judgment passed ln CC No 385/2019 Dt 28 2 2020 on the flle Of
Judlclal Maglstrate Of F,rst Class, AmalaPuram, Pendlng dlSPOSal Of CRLRC 298 of
2023, on the file Of the High Court.
The pe\l\lO"Om.lng?1n_ _to^r nhn=an rLnag= r\ nuEo+\epaerrauus*\\sheof sp=\l\#angaabna±\h +hLae
affldavlt flled ln Support thereof and upon hearlng the arguments Of Srl Nagabathula
#dlavavl%a+"eRda :ASduvPo±cOa*e\hFeerLe\ohTea npaet*\#nnelr:ta\+\L#l *is==u\ar to"he Respondents ,
the court made the following
ORDER
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HONJBLE SRI JUSTICE KI SREENIVASA REDDY
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QrdirI.
This Criminal RevI'Sl'On Case, under sectI'OnS 397 and 401
of cr.p.c., has been filed against the order, dated 27.07.2022,
Passed in Criminal Appeal No.122 of 2020 by the learned II
Addl'tional District Judge, East Godavari districtat Amalapuram.
2. Byajudgment, dated 25.02.2020, passed I-n CC No.385 of
2019 on the file of the learned Judicial Magistrate of First Class,
Amalapuram, the petitioner hereI-n Was COnVl-Cted for the
offences punishable under sections 338 and 337 IPC and
sentenced to undergo Rigorous lmprI'SOnment for a period of
one year for the offence punishable under section 338 IPC and
to undergo Rigorous Imprisonment for a period of six (6)
months for the offence punishable under section 337 IPC and
both the sentences were ordered to run concurrently. Against
the said convictl'on and sentence, the petitioner herein preferred
Criminal Appeal No.122 of 2020 on the file of the learned II
Additional District and sessions Judge, East Godavari district,
Amalapuram. The learned Magistrate, by an order dated
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02.03.2020, passed in crI.M.P.No.12 of 2020 in CC No.385 of
2019, suspended the sentence imposed against the petitioner
herein till 01.04.2020 and directed the petitioner to get the
suspension Of Sentence Order from the lower appeIIate Court,
Thereafter, as the petitioner neither filed suspension of sentence
order nor attended the court, NBW was issued against him on
15.ll.2021. On 27.07.2022, the appellate Court dismissed the
Criminal Appeal No.122 of 2020 for default, as the petitioner
herein was not attending the court for long time. Against the
said order, the present criminal Revision Case has been filed.
3. It is represented that the petitioner herein was arrested
on 08.01.2023 in execution of non-bailable warrant and since
then he is in jail. The ground taken by the petitioner herein for
not attending the Court is due to covid-19 pandemic he could
not attend the courtl The learned counsel for the petitioner
submitted that there is miscommunication between him and his
counsel, leading to his not attending the court. He undertakes
that the petitioner would attend the court regularly and
cooperate With the hearing of the appeal.
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4. In view Of the aforesaid facts and Circumstances Of the
case, this court is of the op®lnion that an opportun-lty can be
given to the pet'lt-loner herein to prosecute the crim-Inal Appeal.
5. Accordingly, the Criminal Revision Case is allowed and the
order, dated 27.07.2022, passed in Cr|lminal Appeal No.122 of
2020 by the learned II Add®ltional District Judge, East Godavari
d'lstrict at Amalapuram -lS hereby Set aS'lde, aS the Sa'ld appeal
ft
has not been disposed of, on merits and dismissed for non-
I
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prosecut'IOn, and the appeal -lS restored tO file tO the Court of the
II Add®lt'lonal D'lstrict Judge, East Godavari district at
Amalapuram, W'lth a direction tO d'lSPOSe Of the Same in
accordance with law, as expeditiously as possible, preferably
within a per'lod of six (6) months from the date Of receipt Of a
copy of this order. The learned District Judge iS also directed tO
dispose of the suspension of sentence pet'ltion, if any, filed by
the petitioner herein ®In the Sa®ld appeal in accordance With law.
The petit'lOner herein Sha" cooperate for d'lSPOSal Of the appeal.
6. The petit'lOner herein Shall be released on bail On his
executing a personal bond for a sum of Rs.25,000/- (Rupees
Twenty Five Thousand Only) with two Suret'leS for the like Sum
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each to the sat'lsfact®lon of the learned Judicial Magistrate Of F'lrst
class, AmalaPuram.
As a Sequel thereto, the m'lSCellaneouS Pet'lt'lOnS, if any,
pending -In this Crim'lnal Revision Case Shall Stand Closed.
sd/-M. PADMALATHA
ASSISTANT GISTRAR
//TRUE COPY//
SECTION OFFICER
`-I For_______
To'1. The Judicial Magistrate of Flrst Class, Amalapuram
2. The ll Additional District & Sessions Judge, East Godavari Distr'lct,
Amalapuram
3. The Superintendent, Central Prison, Rajahmundry
4. The Station House Officer, Amalapuram Taluka P.S. East Godavari District
5. One CC to Sri Nagabathula Srinivasa Rao Advocate [OPUC]
6. Two CCs to Public Prosecutor, High Court ofAP [OUT]
7. One spare copy
HIGH COURT EZ=
SRKJ
DA TED I- 18/O4/2 O23
BAIL ORDER
CRLRC.No.298 of 2O23
ALLOWED
