Andhra Pradesh High Court - Amravati
Appeiiant/ vs Panapu Sreenivasulu @ Ievone ... on 5 July, 2023
/1'
.I-,' .
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV
I.`¥ii ii.=`§, RE
WEDNESDAY, THE FIFTH DAY OF JULY
TWO THOUSAND AND TWENTY THREE
:PRESENT:
HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
I AND
HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
CRIMINAL APPEAL NO: 521 OF 2015
Between :
The State ofA.P. rep. by the pu'blic Prosecutor, High Court of A.P. Amaravatl'.
I )
...AppeIIant/Petitioner
I AND )
1. Panapu Sreenivasulu @ IEvone Water SreenI-VaSulu, Aged 42 years, S/o Bala
2 Swa msyl'dRd/aoreHd dNlgoa7r7-u4£-a8Awi-: h8;sAwyay:ap pRaedSdwya3ypNeadgda;rbaKduur,n£oalh eswa ra Red d y ,
3 Ag ed 3pOo nyaepa:swlSa/hoe:hh,I msroapRBeudvdvy: nRn/ao, Paegdedda3Plady:aY:I,aR/eo Ayya p pa Swa my
Nagar, Kallur Estate, Kurnool.
4. Ponapu Mohan, S/o Bala Swamy, aged 36 years, R/o H.No.8-124-15,
Ayyappa Swamy Nagar, Kallur Estate, Kurnool.
5. Ponapu Siva, S/o P.Buwanna, aged 36 years, Pebberu Village & Mandal,
Mahabubnagar District.
_~ ...Accused/Respondents
Appeal under section 378(3) & (1) of Cr.P.C, praying that l'n the
tclrecuJTStga# :en; lsntaSeg lNn oth3e4 gorfO u2nOdOS9 f:end tine sfTlpep:frf tohfe tJ?p rfnr:Tplanla !esPsPleoanl; aJguadlgneS:
Kurnool, dated 30.ll.2011 and prays that thI'S Hon'ble Court may be pleased to set-
aside the Order of acquittal and convict the accused/respondents for the offences
with which they were charged.
The Appeal coming on for hearing, upl,n perusing the appeal and the grounds
filed in support thereof and having observed that there is no representation on behalf
of the responclents, the court made the following
ORDER:
flThis is an Appeal preferred by the state, against the judgment of
acquittal under Section 378 Cr.P.C. Leave was already granted by the court to
the State to prefer Appeal against the acquittal. The Appeal was also admitted.
Thereafter, the Appeal is coming on for hearing9 but the respondents are not
turning up for hearing. on 28.06.2023, when thle Appeal stood posted for
hearing, there was no representatl'-3n On behalf Of the respondents even
though learned AdditI-Opal Pubfl-c prosecutor was ready for hearing. Therefore,
as I-I is an old Appeal of the year 2O15, it is ordered to list the matter for
hearing today I-.e., on o5.07.2023. But today also there is no representation on
behalf of the respondentsT So, the court could not proceed with the hearing of
the Appeal, as respondents are not turning up for hearl-ng and there was no
representatI-On On thel-r behalf and as their counsel is also being absent and he
is also not turnl-ng up for he;ring.
In the sat-d cI-rCumStances] learned Addl-tional public Prosecutor has
drawn our attention to section 390 Cr|P.C and would request to issue NBW
directing for their arrest and to brI-ng them before the court for the purpose of
Proceeding with the hearing of the matter.
SectI-On 390 Cr.P.C reads tlluS:
lce3n9tO:dAurnredsetr osfecat::uns3e7dR _i?ha.Pup:nat frr3T_a±q_!_i¥_aI,-When a n appeal is
tg :tu etnhteeda
Eprea: #f ea : cdc #hseedc Sew
cucnudseerds ria risoSf5rdF -5,#ijjE-roS_;
ebcetioa%r€s7t8=dthainhi-gihm£ '# :se: #teoar
5n:iri^ya.uy_I ±5_.±=_waanryrasn: bdgred:i:antge
vay=anrr=_nnt:d#Reecatli :sg
cp%sgh :ne:df:= i:=ud#snbhS.i±ii^+Shrf!c_;; _vhfe:.'i: :=#_:: mo:yancyo:#torhdii#tteo
prison pond-lag the a-ISPOSiI -a;ii;;p;:a;-or"::#tn;immat: bCaOiF,
__ lt is clear from the aforesaid section that when an Appeal I-s presented
before the court under sectI-On 378 Cr.P.C as was done in the present Appeal,
the High court may issue a warrant directI-ng that the accused be arrested and
brought before it and commit them to prison penal-ng disposal of the Appeal.
As the respondents/accused are not turning up for hearI-ng I-n this Appeal, the
court is constrained to invoke section 390 ,Cr.P.C to secure thel-r presence for
the purpose of proceeding with hearing of the Appeal.
Therefore, js'sue NEW agaltnSt the respondents/accused, through the
superI-ntendent of Police, KurnooI District, to arr6st them and to produce them
before the court.
List the matter on 19.07.2`023."
Sd/- p, VENKATA RAMANA
JOIN#EG ISTRAR
//TRUE COPY//
SECTION OFFlcER
To,
1. The Registrar (Judicia
- I-u)
E=
Amaravati
2. The Principal Session I:dgghe,CKOuurrfnoO:lAJpr(Net apadu) at
3. The Superintendent oflPolice, Kurnool District at KurnooI'(by SPEED POST)
4. Panapu Sreenivasulu @ Evone Water Sreenivasulu, Aged 42 years, S/o Bala
Swamy, R/o H.No.77-40-8A-18, Ayyappa Swamy Nagar, KurnooI.
5. Siddareddigari uma Maheswara Reddy @ Peddapadu, Maheswara Reddy,
Aged 30 years, S/o Thimma Reddy, R/o Peddapadu Village,
6. Ponapu Mahesh, S/o P.Buvivanna, aged 31 years, R/o Ayyappa Swamy
Nagarl Kallur Estate, KurnooI.
7. Ponapu Mohan, S/o Bala Swamy, aged 36 years, R/o H.No.8-124-15,
Ayyappa Swamy Nagar, Kallur Estate, Kurnool.
8. Ponapu Siva, S/o P.Buwanna, aged 36 years, Pebberu Village & Mandal,
Mahabubnagar District. (Addresses 4 to 8 by RPAD)
9. One CC to Sri M. Ram Mohan Reddy, Advocate [OPUC]/
10. Two cos to Public Prosecutor, High Court of A.P. [OUT] ~
ll. The Section Officer, Criminal Section, High Court of A.P., Nelapadu at
Amaravati.
12. One spare copy
nPC
HIGH COURT
CMRJ
&
TRRJ
DATED..05/07/2023
LIST THE MATTER ON 19.07.2023
ORDER
CRLA.No.521 of 2015
DIRECTION
•r.7Jl."an ,E
lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV
WEDNESDAY, THE FIFTH DAY OF JULY
ll^/O THOUSAND AND TWENTY THREE
:PRESENT:
HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROV=;-`=-i:i.f=_rif
AND
HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
CRIMINAL APPEAL NO: 521 OF 2015
Betwee n :
The State ofA.P. rep. by the Public Prosecutor, High Court ofA.P. Amaravati.
...Appellant/Petitioner
AND
1. Panapu Sreenivasulu @ Evone Water Sreenivasulu, Aged 42 years, S/o Bala
2 Swa msy;dRd/aoreHd dNl:a7r7-u4£-a8Awi-: h8;sAwyay:ap pRaedSdwya3ypNeadgdaarbaKduur,n£oalh eswa ra Red d y,
3 Aged 3pO: nyaepa:sinSa/hoe:hh ,I msroapRBeudvdvy; nRn/ao, Paegdedda3Plady:aY:I,ag/eo Ayya p pa Swamy
Nagar, Kallur Estate, KurnooI.
4. Ponapu Mohan, S/o Bala Swamy, aged 36 years, R/o H.No.8-124-15,
Ayyappa Swamy Nagar, Kallur Estate, Kurnool.
5. Ponapu Siva, S/o P.Buwanna, aged 36 years, Pebberu Village & Mandal,
Mahabubnagar District
...Accused/Respondents
WHEREAS Appeal under Section 378(3) & (1) of Cr.P.C, praying that in the
circumstances stated in the grounds`filed in support of the Criminal Appeal, against
the Judgment in S.C.No.34 of 2009 on the file of the Principal Sessions Judge,
Kurnool, dated 30.ll.2011 and prays that this Hon'ble Court may be pleased to set-
aside the Order of acquittal and convict the accused/Respondents for the offences
with which they were charged.
AND WHEREAS the Appeal coming on for hearing, upon perusing the appeal
and the grounds filed in support thereof and having observed that there is no
representation On behalf Of the respondents, directed the Registry to issue Non-
Bailable Warrant against the respondents/accused.
Therefore you viz;
The Superintendent of police, KurnooI District at Kurnool
are hereby directed to arrest the respondents/accused Nos viz; 1. Panapu
Sreenivasulu @ Evone Water Sreenivasulu, Aged 42 years, S/o Bala Swamy, R/o
H.No.77-40-8A-18, Ayyappa` Swamy Nagar, Kurnool., 2. Siddareddigari Uma
Maheswara Reddy @ Peddapadu, Maheswara Reddy, Aged 30 years, S/o Thimma
Reddy, R/o Peddapadu Village., 3. Ponapu Mahesh, S/o P.Buwanna, aged 31
years, R/o Ayyappa Swamy Nagar, Kaliur Estate, KurnooI., 4. Ponapu Mohan, S/o
Bala Swamy, aged 36 years, R/o H.No.8-124-15, Ayyappa Swamy Nagar, Kallur
Estate, KurnooI 5. Ponapu Siva, S/o P.Buwanna, aged 36 years, Pebberu Village &
Mandal, Mahabubnagar District wherever they are found and produce them bodily
under safe custody and conduct before this court on 19-07-2023 at 10|30 A.M., to
which date the case stands posted.
You are further directed to return this warrant, as early as possible,
preferably on 19-07-2023, to this Court with a detailed report stating the manner in
which it has been executed.
Herein fail not.
_i, ,i,-=_(
JOI TRriR
Tol
1. The RegistI~ar (Judicial), High Court of A.P., (Nelapadu) at Amaravati.
2. The Superintendent of police, KurnooI District at Kurnool (by SPEED POST)
3. One spare copy
nPC
~
HIGH COURT
DATED:05/07/2023
LIST THE MATTER ON 19.07.2023
ORDER
CRLA.No.521 of 2O15
NON BAILABLE WARRANT
