Andhra Pradesh High Court - Amravati

Chandra Reddy vs This Court On 30.74.2022 Issued ... on 19 January, 2023

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT!
THURSDAY, THE NINTEENTH DAY OF JANUARY
TWO THOUSAND AND TWENTY THREE
: PRESENT:
HONOURABLE SRI JUSTICE & V RAVINDRA BABU
CRIMINAL REVISION CASE NO. 1130 OF 2008

Sehveen:

T.Pullaiah, S/o Veeraiah, Osc: Business, Rio Somavaram Village,
Nandigamam (M), Krishna District.

PatitionenAppelianvAccussad
AND

The Stafe of A. Prep by Ns Public Prosecutor, AP. High Court,
Respondent/Complainant

Revision fled under Section 39° and 401 of Cr.P.C., praying that in the
rcumstances stated in the memorandum of graunds fied in support of the Grminal
Revision Cass, the High Court may be oipased to present this Cri RC. to this

ramble Court against the Judgnient made in CrLA.No. 4? of 2007 on the fle of the

X Add) Dist. & Sessions Judge, Machiibatnam, dated 30-08-2008 a rodviad the
Judgment made in S.C.No. 230 of 2008 on the fle of the Asst. Sessions Judge,
Nandigama, dated 71-04-2007.

iA NOo 1 OF 2008 (CRLRCMP No. 1528 of 2008)

Petition under Section 397 (7) CrP praying thal in the circumstances slaied
in ihe memorandum of grounds filed in support of the Criminal Revision Case, the
High Coun may be pleased to suspend the operation of the Judgment made in
CrLA.No. 47 of 2007 on the fle of the Court of the & Addi. Dist. & Secsiana Judge,
Machiipainam of. 30-06-2008 as modifed the Judgment made in SC.No. 230 of
2008 on the file of the Court of the Asst. Sessions Judge, df. 11-04-2007 and enlarge
the petiticner on ball, panding dispasal ef CRLRC 1130 of 2008, on the fle of the
High Court

The Fetition coming on for hearing, upon perusing the pelfion and the
merorandurm of grounds filed in support thereof and the earlier Orders of the High
Coun dated O68.77.2022 & 30.11.2022 made hersin and 31.07 2008 made in
CRL.R-C MP No. 15238 of 2008 and upon hearing the arguments of Gri Koduru Rama
Chandra Reddy, Advocate for fhe Peliiloner and of Pullic Prosecutor for the
Respondant, the Court made the following

"ORDER:

"Perused the repart of the Sub-Inspactar of Palics, Nandigama Folice
Station aent fo the Registrar (Judicial}, which waa received in the Registry on
28.12.2022, which reveais that the ballable warrant issued agalyst the
petitioner was executed,

This court on 30.74.2022 issued ballable warrant againat the petitioner.
Accordingly, the bailable warrant was execuied and the petitioner undertaken


fo appear Oefere this court on 20.02.2082. But, by 20.72.2022 the ballable
warrant execution repart was not received ari even on that day the petitioner
was not oresent. Sa, nether on 23.12.2022, nor today ie. an 19.01.2023, the
peiitioner made attendance. The petlicner having been suffered with
sanviction in S.O.Ne.230 of 2006 on the Me of Assistant Seasion Judge,
Nandigama, challenged the same before the X® Additional District and
Seasions Judge, Machilipainam and the appeal was dismissed on merits.

Later, challenging the Ruigement of Appesiiate Court, he fled the
resent Crintinal Revision Case and got suspended sentence of imprisonment
by an order dated 34.07 2008 and got released himself on ball.

Later, he was not at all getting ready and nobody was representing for
the petitioner.

This court issued ballable warrant and even after execution of hailable
warrant, the pefitioner ia not evincing any interest.

Having regard to the abave order dated 34.07 2008 granting suspension
of sentence of Imprisonment, is hereby cancelled.

issue non-ballable warrant against the petitioner through the concerned
Superintendent of Police with s direction ft execute non-badable warrant
against the petitioner and produce him before the court below Le., Assistant
Sassions Judge, Nandigama to entrust the conviction warrant Issued against
the petitioner in ferme of the hudgemaent in Criminal Apneal Nod? of 2007.

On execution of non-ballable warrant, the court below is diractad to
send a compliance report to this court.

This order is made pending disposal of fhe appeal.

List ifen 10.02.2023,"

Sdi- PY RAMANA

IOt INT, REGISTRAR
PYRUE COPY!

SECTION OFFICER

The Assistant Sessions "ese. Nandigama,

The S Addi Dist & Sess Judge, Machiipainam.

The Superin lendent of re oe oe hyishna Cystrict (BY SPEEDPOST)
The Registrar dudicia, High Court of AP, Arnaravall

Sn TP Pullgiah, ofa Veeral ah, Occ: Busine 88, R/o Samavaram Village.
Nandigamam (M), Krishna [Netricl. (By RPAD)

One Cc to Sri Kouuru Rama Chandra Reddy, Advarate [ORUC}
Two OCs fo Public Prosecutor, High Court of A.P. fOUT]

&. The Section Officer, Criminal Section, High Court of AP,

8. One spare copy

PRN =

nt C2)


HIGH COURT

AYRE,

DATED:19/01/2023

LIST ON 40.02.2028

ORDER

ORLAG Nootisd of 2008

OEREG TION

IN THE HEGH COURT OF ANDHRA PRADESH AT AMARAVATI « THURSDAY, THE NINTEENTH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE > PRESENT:

HONQURABLE SRI JUSTICE AV RAVINDRA BABU CRIMINAL REVISION CASE NO: 1430 OF 2008

Behveen:

T.Pullaiah S/o Veeraiah, Occ: Business, Ryo Somevaram Vilege, Nandigamnam (M}, Krishna District.

Fettionar/AppellantiAccused AND

The State of A Prep by its Public Prosecutar, A.P. High Court. RespondentiComplainant

Revision fled under Section 39? and 4017 of CrP.C., pray ng that in the cirumetances stated in the memorandum of grounds fled in sugpart of the Crivinal Ravision Case, the High Court may be pleased tn present this CrLR io ins Hon'ble Court against the Judgment made in CrLA No. 47 of 2007 on the | § le of the X Add. Dist & Sessions 9 fudge, Machiinaingam, dated H}-O8-2008 as modified the Junigment made in S.C.No. 230 of 2006 on the fle of the Asst. Sessions Judge, Nandigama, dated 11-04-2007,

Fa The Superiniendent of Police, Krishna District.

AND WHEREAS the Court upon perusing the Revision and the memorandum af grounds filed in support thereof and the earlier Orders of the High Court dated

08. Vi2hee & BRU2022 made erin and S1OF 2008 made in

CRLLR.C MP No. 1528 of 2008 and upon hearing the argurnents of Sri Koduru Rama Ghandra Reddy, Advocate for the Petitioner and of Public Prosecutor for the respondent, decked the Reqistry to Issue Non-Ballable warrant against the Peltions/AppellanvAccused and praduce him before the Cour of Assistant Sessions Judge, Nandigama ta entrusi the canvichon warrant Be. ued againal the pelitioner in terms of the jucigaement in Criminal Appeal No.4? of 2007

Thersfore, you vig;

The Superintendent of Polins, Krishna Distric

are hereby directed io arrest the said Petitioner/AppellantAccused viz, T.Pullaiah, "fs Veeraiah, Oce: Business, Rio Somavaram Village, Nandigarnamn (MD, RUSH District. wherever he is found and prodics ham bodily under sale Sustody ari oonduct before the Court of Assistant Sessions Judge, Nandigama on i102- 2023 at 10-20 4.M. to which date the case stands posted

a are also firther directed fo return this warrant as early as possinie Oy reler bhy on ar before 10-02-2023 fo this Court with a detated report stating the ary at iwhich N has bean executed.

On such production, the Court of Assistant Sessions Judge, Nandigama is directed te entrust the COnMIG don warrant of accused so as to carry aut the sentence of bmorisonmant, sending disposal of the Criminal Revision Case.

The Assistant Sessions Judge, Nan digama, is furfher directed to iniimate to this Court about the factum of execuiia of Non-Baleble warrant and factum of enirustnent of conviction warrant as ords vad.

Herein fall not,

JOINT REGISTRAR

Ts, j. The Assistant Sessions Judge, Nandigama. (by Speed Post

2. we se uperiniencdent of Police, krishna District (by Speed Past)

3. The Re agiati rar Judinial}, High Court of AP, Amaravatl,

4. The Sechan Offic cer, Oneunal Sectian, High CourtofAP., , Amaravati, & Gre spare copy.

RPO

HIGH COURT

AYRE.

DATED ToT 2023

LEST ON 76.02.2029

NON-BAILASLE WARRANT AGAINST THE PETITIONER