Andhra Pradesh High Court - Amravati

Shaik Baji vs The State Of A.P. on 25 January, 2023

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
WEDNESDAY, THE TWENTY FIFTH DAY OF JANUARY
TWO THOUSAND AND TWENTY THREE
-PRESENT:
HONOURABLE SRI JUSTICE A V RAVINDRA BABU
CRIMINAL REVISION CASE NO: 660 OF 2008

Between:
Shaik Bal, S'o Khasirm Saheb, Aged about 52 years, Rio Srinagar Colony,
Sannavaram, Krishna District.
PetiticneriAccused
AND
4. Challa Vankata Sivak Prasad S/o Venkata Subba Rao, Aged shout O4 years,
Proprietor Day Light Electricals, Park Road, Viisyawada.
2. The State of Andhra Pradesh, rep. by its Public Prosecutor, High Court of
A.P., Andhra Pradesh.
. RespondentiRespondent
Ravision fled under Sectlan 387 mw 40% of CrP.C., praying thai in the
circumstances stated in the memorandum of grounds filed In support of the Criminal
Revision Case, the High Court may be to Set aside the Sentence and Judgment
Passed by the Sessions Judge, Mahila Court, Viayawada, on 19.046.200e in
Or A.No.g2/200s.

CREAR MP NG, 907 OF 2008

Petition under Section 397 (1) CRUPLC praying that In the circumstances
stated in the memorandum of grounds filed in support of the petition, the High Court
may be pleased fo suspend the samfence dt 18-04-2008 passed by the Sessions
Judge, Mahila Cour, Vilayawada, Krishna Disirict In CrlA.No. 82 of 2000 by
releasing the setitioner an bail, pending disposal of ORLRC 860 of 2008, on the fie
of the High Court.

The Revision coming on for hearing, and upon perusing the Revision and the
masriorandur of grounds filed in support thereof and the earlier Order of the High
Court dated 24.04.2008, & 13.12.2022, made herein and upon and Considering the
Report dated 21.07.2022 Submitted by Superintendent of Police, Krishna al
Machilipainam, Pursuant to the issuance of Bailable Warrant issued against the
geqused on 13.12.2022, the Court made the following.

ORDER:

The Superintendent of Police of Krishna District, Machilipainam sent a raport 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 Cr A.No.82 of 2006 wherein the learned Appellate Court dismissed the same confirming the conviction and sentence against the petitioner in C.C.No.90 of 2008. Challenging the same, the patitioner fled this Criminal Revision Case and got suspension of sentence

vide order dated 24.04.2008. After that, he is not appearing. The steps taken

by the Court io secure presence of the petitioner through Ballable Warrant proved futils.

TS,

Considering the same, the order dated 24.04.2008 suspending the sentence of imprisonment is hereby cancelled. issue Non-Baillable Warrant against the petitioner directing the concerned Superintendent of Police to execute the Non-Balable Warrant againat the petitioner and praduce Aim before the Hl Metropolitan Magistrate, Vilayawada to antrust the conviction warrant to carry out the sentence imposed against him sending disposal of this Criminal Revision Case.

Ragistry ie directed to dispatch the Non-Gailable Warrant forthwith.

Listen 27.02.2023,

LAB PAG von

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Sd-SVSR MURTHY JOINT REGISTRAR #TRUE COPY! eke

SECTION OFFICER

The Sessions Judge, Mahia Out, Viayawada, Krishna Disirict. The Hi Metropalifan Magistrate, Vdayawada The Superintendent of Folice, Machilipatnam, Krishna District. (by SPEED POST) Sr Shaik Bal, S'o Khasit: Saheb, Aged about S2 years, Rio Sr nagar Caony, Gannavaram, Krishna Sist (oy RRAD along with a c a Peiition and memoranda mn ors FOUTS} One CC te SRE ARAVAL 2AMA RAC Advyaoste fOPUC] Two [Ce ta Public mrasoautor High Court of A.R. POUT] The Ragistrar (Judicial, High Court of AP, Amaravatl. The Section Officer, Criminal Section, High Court of ALP. One spare copy

HIGH COURT

AYRE.

DATED 28.01 2023

POSTON 27.02.2025,

ORDER

GRLRO.NG.660 of 2008

DHRECTION

"ay, "

ft PA

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATE © WEDNESDAY, THE TWENTY FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE 'PRESENT.

THE HONOURABLE SRI JUSTICE A V RAVINDRA BABU CRIMINAL REVISION CASE NO: 860 OF 2008

Seiween:

Shaik Ball, Sfe Khasim Saheb, Aged aboul 52 years, Rio Srinagar Colony, Gannavaram, Krishna Dist.

Fetitionar/Accusead

AND

Ghalla Venkaia Sivak Prasad S/o Venkata Subba Rao, Aged about 64 years, Proprietor Day Light Electricals, Park Road, Vilayawada. The State of Andhra Pradesh, rep. by ifs Public Prosecutor, High Court of A.®., Andhra Pradesh.

woh

Respondent

Revision fled under Section 397 rav 401 of CrP.C., praying that in the

crcumstances stated in the memorandum of grounds fled in sugpart of the Criminal

Revision Case, the High Court may be fo present this memorandum of CriR.C.,

aggrieved by the Judgment by the Sessions Judge, Mahila Court, Vilsyawada, in Cr A No S2/2008.

To The Superintendent of Police, Machilipatnarn, Krishna District.

WHEREAS the sari Revision Case coming on for hearing on this day and upon perusing the revision and the grounds fled therein, and upon, and further that the balable warrant of arrest issued against the Said Pelilionerfancused Pursuant to ihe order of this Court dated 18.42.2022 has aise been returned unexecuted with the report dated 21.01.2023 of Superinfendant of Police, Krishna al Machiiosinarn, has also been returned unexecufed with an endorsement that the Werrantes has not been traced af the address furnished in the Ballable Warrant. directed the Registry te msue Non-Bailable Warrant against the accused/petitionen,

Whereas this Court hath this day Le. on 25.01.2023 directed the issuance of a non-hailable warrant against the Petitioner/accused for his arrest Wherever he may be found and for his Production before 1] Metropolifan Magistrate, Viiayawada to entrust the Conviction Warrant fo carry out the Sentence imposed against him, Pending disposal of the revision case.

Therefore, you, viz;

The Superintendent of Police, Machilipatnam, Krishna District,

ae) Khasimsa Aged about 82 years, Rio Srinagar Colony, Gannavaram, Krishna Dust., wherever he is found and produce fim bodily under safe custody and conduct before this Court on 37.02.2023 at 10.30 A.M, fo which date the case stands pasted for heaving.

are hereby directed to avvest the said Petitinner/Accused namely viz: Shaik Ball, Sfo nSahed, wh

You are further direnied that if the sald acqused furnish personal band for a sum of Rs. 10,0004 (Rupeas ten thousand only} and with an uncleriaking that he shall appear before this Court on 27.02.2023, a0 as fo gel Vakalath and to coaperate for disposal of appeal, he shall be released on bal.

You are also further directed to return {his warrant as early ag possible preferably before 27.02.2025 to this Cour with a detailed reparf staligg the manner inawhioh thas bean execufed, Ye

Herein fall not. oes

REGISTRAR (JUDICIAL)

1. The Superintendent of Police, Machilipainarn, Krishna District, (By Speed Post} z. ae Registrar Judicial, High Court of AP Amaravat. 3S. Gne spare copy.

HIGH COURT

AYRE,

DATED 250712023

POST ON 27.02.2028,

ORDER

GRLRC NO.860 OF 2008

NON-BAILABLE WARRANT AGAINST ACCUSED