Andhra Pradesh High Court - Amravati

Shaik Baji, vs Challa Venkaa Sivak Prasad And ... on 25 January, 2023

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT]
WEDNESDAY, THE TWENTY FIFTH DAY OF JANUARY aces
TWO THOUSAND AND TWENTY THREE Oey
'PRESENT:
HONOQURABLE SRI JUSTICE A V RAVINDRA BABU
CRIMINAL REVISION CASE NO: 862 OF 2008

Setveen: . .
Shaik Baji, S/o. Khasi Saheb, R/o. Srinagar Goiony, Gannavaramn, Krishna
District,

«Petitioner Accused
AND .
1. Challa Venkaa Sivak Prasad. S/o. Venkata Subba Raa, Proprietor of Day
Light Electricals, Park Road, Vilayawada.
 »>Respondent/Defacts Complainant

The State of Andhra Pradesh, rep-by iis Public Prosecutor, righ Cast of AP,
Hyderabad. Sa EE
ae ..Respondent/Respandent
Revision Hed under Section 867onrw 401 of Cr P.c. praying that in the
circumstances stated in the Memorandum of grounds filed in support of the Crirrunal
Revision Case, ihe High Court may be pleased fo set aside the dudgrnent of
canviction and sentence passed by the Sessions Judge, Mahia Court, Vieyawada in
GrLA.No. $1 of 2008 on 184.2008,

CRLR CAEP NO. 803 OF 2008

Patifion under Section 482 of Cr Pc 'praying that in the circumstances stated
in the Memeorandum of grounds filed in support of the petition, the High Court may
be pleased to Suspend the Sentence Dated 18.04.3008 passed by ihe Sessions
Judge, Mahila Court Vilayawada, Krishna District, in CrLA.No.94/2008 by Relsasing
the Petitioner on Bail, Pending dispasal of CRLURG $82 of 2008, an the fle of the
High Court. ae

The patition coming on for hearing, upon perusing the Petition and the
Memorandum of grounds filed In suppoftthereof and the orders of the Nigh Cour
order dated 24.04.2008 & 13.12.2022 made herein and upan considering the report
dated 21.01.2023 submitted by Superiniended of Police, Krishna at Machilipainam, .
the Court made the following ms

| ORDER:

"The Superintendent of Police of Krishna District, Machilipatnam sent a
report to the Registrar, (Judicial) stating that the whereabouts of the petitioner
are not known, This is a Criminal Revision Case challenging the order of the
Sessions Judge, Mahila Court, Vijayawada in CrLA.No.9t of 2008 wherein the

igarned Appellate Court dismissed thé same conforming the conviction and


sentence againet the petitioner inc. Ge No. 728 af 2008. Challenging the same,
the petifioner fled this Criminal Revision Case and got suspension of
sentence vide order dated 19.04.2008, "After that, he is not appearing. The
steps taken by the Court to secure presence of the petitioner through Ballable
Warrant proved futile.

Considering the same, the order dated 19.04.2008 suspending the
sentence of imprisanmeant is hereby cancelled. lasue Non-Sallable Warrant
against the petitioner directing the concerned Superintendent of Police t6
exeeuts the Non- Balable Warrant. against the petitioner and produce him
before the Hi Metropolitan Magistrate, Vijayawada fo entrust the canviction
warrant to carry out the sanfence imposed against him pending disposal of
thie Criminal Revision Case. a

Registry is directed to dispaten the Non-Salable Warrant forthwith.

List Hon 27.02.2023."

SOV. SVSR_ MURTHY
JOINT REGISTRAR

HTRUE COPY! we
see SECTION OFFICER
To,
4. The Sessions Judge, Mahila ¢ Cour rt VWiayawada.
The ff Metropcitan Magistrate, V4 jayawada,
The Superintendent of Police, Krighna Disirict ai Machilipatnarm (By Speed
post)
4, Shaik Ball, Sfo. Khasim Saheb, Ry ioe Ss rinagar Colony, Gannavaram, Krishna
DistricliBy READ}
®& The Registrar( judicial), High © Court of Andhra Pradesh, Amaravall
The Section Officer, Criminal Section; High Court of Andiva Pracesn.
Amaravall
7. The Superinfendent, District Jai, Vilayawada, vrishna District
8. One OC to SRL ARAVALA RAMA RAO Advocate fOPUC)
in Cine OC ta SRE SIVALENKA RAMACHANDRA PRASAD Advocate [OPUC}
o. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT
; rs Ores spare copy
cyss

ton fot


HIGH COURT

AYRE J

DATEO SSO 1/2023

NOTE: LIST ON 27.02. 2023

ORDER

CRURC.No.862 of 2008

ORDER OF NON-BAILABLE WARRANT

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI-.. WEDNESDAY, THE TWENTY FIFTH DAY CF JANUARY TWO THOUSAND AND TWENTY THREE PRESENT:

HONOURABLE SRI JUSTICE AV RAVINDRA BABL CRIMINAL REVISION CASE NO: 662 OF 2008

Between:

Shaik Bali, S/o. Khasim Saheb, Rio. Srinagar Colony, Gannavaram, Krishna Chstrict.

.Patifionar Accused AND ..

7. Challa Venkaa Sivak Prasad, S/o. Venkata Subba Rao, Proprietor of Day Light Electricals, Park Road, Vijayawada, _ Respondent(Defacto Compiainanat

2. The State of Andhra Pradash, rep. by its Public Prosecutor, High Court of A.P., Hyderabad. .

fespondentfRespandent

Revision fled under Sectlon 387Sw 401 of CrP.C., praying thal in the [email protected] stated in the Memorandum 'of grounkis filed in support of the Criminal Revision Case, the High Court may be : plea gased to set asiie the Judgment of conviction and sentence passed by the Sessions Judge, Mahila Court, Vi Hayawada i GrLA.Na. 91 of 2008 on 18.4 2068. .

Ta oo The Superintendent of £ Poti ca, Machiipainam, Krishna District.

Whereas the sald revision case coming on for hearing on this day and upon perusing the Revision and grounds filed therein, and further that the bailable warrant of arrest issued against the said petition erlaccused pursuant to the arder of the court dated 13.12.2022 has also bean returned unexeouted with the report dated 21.07.2028 of Superintendent of Polic "B,. Krishna at Machiipainam, has also been returned unexecuted with an andorsemer b that the warranies has not been traced at

the address furnished in the balable warrant.

tot

Whereas this Court hath this day [email protected]: on 25.04.2023 directed the issuance of a ' Aor-ballable warrant against the patitioner/acoused for his arrest wherever he may be found and for his production before' Hi Metropolitan Magistrate, Vij gayawada fo anirust the conviction warrant to carry, out the sentence imposed against him, pending disposal of the revision case.

Continued ...

Therefore, you, viz:

The Superintendent of Folica, Machi pat ma, Krishna District.

are hereby directed fo arrest the: sal aid Accused/Appellant namely viz Shaik Rall, Sioa. Khasim Saheb, Ria. Siinager-Coleny, Gannavaram, Krishna District, \Wherever he is found and pracduce them bodily under safe custody and sonduct before the Hi Metrapaiitan Maqisirata, Vilayawada tc entrust the conviction warrant te carry oul the sentence imposed agai inst him pending dispasal of this Criminal Revision Case --_

Gn such produciion the Hi Metropetitan 7 Magistrate, Viieyawada is dirented ip entrust fhe convintion warrant to carry out the sentence imposed against the accusad pending disposal of fhis Criminal Ravision Case

Hergin fall not. ae \

REGISTRAR (Judicial)

1. The Superintendent of Polic + Mach Uosinam, Krishna Ohsiricl (By Speed Fost}

2. The i Metronoitan Magistrate, vias yewedas, Krishna District.

&. The Registrar Judie ia High Court of Annee § Pradesh, Amaravali

4 The Section Offeer, Criminal Se ot on, High Court of Andhra Pradesh, Amaravall

5. Qne spare copy.

HGH COURT

AYRE.)

DATED 28.41.2023

NOTE: LIST IT ON 27.02.2023

ORDER