Citation : 2023 Latest Caselaw 3453 AP
Judgement Date : 14 July, 2023
IN THE HIGH COURT OF ANDHRA PRADESH AT AMAR
FRIDAY ,THE FOURTEENTH DAY OF JULY
TWO THOUSAND AND TWENTY THREE
:PRESENT:
HONOURABLE SRI JUSTICE A V RAVINDRA BABt
CRIIVIINAL APPEAL NO: 1217 OF 2O10 \
Between :
Kalavakollu Jyothl', W/o. Srinivasa Rae, Aged 38 years, uppara
V,'llage, pedda Kakani MandaI, Guntur District
ae
. Appella nt/Ac-c Lined
AND
The State of A.P. rep. by public prosecutor, High Court of A.P., at Amaravatl'.
...Respondent
Appeal under sectl'on 374(2) of Cr.P.C, praying that in the circumstances
stated in the grounds filed in support of the crimI-hal Petition, agal'nst the calendar
and Judgment dated 14.10.2010 I-n SC.No. 6/2010 NDPS on the file of the court of
the I Addl. Sessions Judge (Fast Track Court), Guntur.
EEHH+whI=rmHDEhir EE P]Hm+
petition under sectl'on 389(1) of Cr.P.C praying that ,-n the circumstances
stated in the grounds filed in support of the petition, the High Court may be pleased
to enlarge the petitioner on ba" , by suspending the execution of sentence including
fine amount vide Judgment dated 14.10.2010 in SC.No. 6/2010 NDPS on the file of
the court of the I Add'. Sessions Judge (Fast Track Court) Guntur, pending dt-sposal
of CRLA,1217 of 2010, on the file of the High Court.
The Appeal coming on for hearing, upon perusing the appeal and the grounds
filed in support thereof and the earl,'er orders of the High Court dated 19.10.2010
made in crl.A.M.P.No.1971 of 2010 & 27.06.2023 made herein and upon hearing
the arguments of sri s. sarath Kumar, learned counsel, representing learned
counsel for the appellant and of public prosecutor for the respondent, the court
made the following
ORDER:
'{Request of Mr. B.S.S. Kumar, learned counsel seeking adjoumment is
rejected.
As the learned counsel for the appellant is not ready to argue the matter, the order I-n I.A.No. 1 of 2023 dated 05.07.2023 shall stands vacated.
Registry is directed to dispatch the Non bailable warrant forthwith, for I-mmedI-ate COmPII-anCe.
LI-St after four(4) weeks."
^>\
Sd/- S.V.S.R.MURTHY JOINT R,E9lSTRAR //TRUE COPY// SECTION OFFICER / To,
1. The Registrar (Judicial), High Court of A.P., (Nelapadu) at Amaravati.
2. The I Additional Sessions Judge (Fast Track Court) Guntur.
3. The Superintendent of Police, Guntur District at Guntur Urban (by SPEED POST along with a copy of warrant dated 27.06.2023) ,
4. Kalavakollu Jyothi, W/o. Srinivasa Rao, Uppara ofVenigandla Village, Pedda Kakani MandaI, Guntur Distr'lct (by RPAD)
5. One CC to SRl. K SRINIVAS Advocate [OPUC]
6. Two CCs to Public Prosecutor, High Court ofA.P. [OUT]
7. The Section Officer, Criminal Section, High Court ofA.P., Nelapadu at Amaravati.
8. One spare copy \ HIGH COURT
AVRBJ
DATED:14.07.2023
List afte+ four(4) weeks
ORDER
CRLA.No.1217 of 2010
iEi €*.\.
DIRECTION i15 Jut 2023 I?
.t
a/;<
`,i\'
?:*+`£`#? -;? fu^:I rthFS,±3?
lN THE HrGH+ COURT OF ANDHRA PRADESH AT AMARAVA"
FRIDAY, THE FOURTEENTH DAY OF JULY TWO fHOUSAND AND ilA/ENTY TI+REF :PRESENT:
HONOURABLE SRI JUSTICE A V RAVINDRA BABU CRIMINAL APPEAL NO: 1217-OF 2010 Betwee'n :
Kalavakollu Jyothi, Who. Srinivasa Rao, Aged 38 years, Uppara of village, pedda Kakani Mandal, GuntuT District ...Appellan;Sit€`yg:gu=e=i
AND The State of A.P. rep. by Public Prosecutor, Hish Court of A.P., at Amaravati.
. . . Respondent
WHEREAS Appeal under Section 374{2) of Cr.P.Cl praying that in the circumstances stated in the grounds filed in support of the Grim-lnal Petition, against the calendar and Judgment dated 14T`10.2010 in SC.No. 6/2010 NDPS on the flle of the cout{ of +the I Addl. Ses`sfons Judge (Fast Track Court) Guntur.
AND WHEREAS the Appeal coming on for hearing, upon perusing ,the appeal and the grounds Jfiled in suppo'rt thereof and the earlier.Order Of the High Court dated 19.10.2010 made in Crl.A.M.P.No.197`1 of2010 and upon hearing the arguments Of sri s. sarath Kumar, learned counsel, representing leamed counsel for the aPPellant and of pub+ic prosecutor' for the +espondent and while vacating the Order dated o5.07.2023 made in I.A.No. 1 of 2023, directed the Regis`try to issue Non b`ailab]e warrant forthwith, for immediate compliance.
Thefefore you vjz;
The SuperI-ntendent Of Police, Guntur-District at Guntur Urban
are hereby directed to arrest the said appeIIant viz; Kalavakollu Jyothi, W/o. srinivasa Rao, Uppara of Venigandla VIllage, Pedda Kakani Mandal, Guntur District., wherever she is found , produce her b6dily under safe custody and conduct before the court of the I Additional Sessions Judge (Fast Track Court) Guntur and submit compliance report to this c6Jurt on or before ll.08.2023.
on such produetfon', the court of the I Add'itional Sessions Judge (Fast Track court) Guntur is directed {o carry out the sentence of imprisonment imposed agaimSt her.
The Court of the I Additional Sessions Judge (Fast Track Court) G.untuf, is further di-rected to send the compliance report to this Hon'bte Court on or before ll.08.2023.
`Herein fail not.
To'1. The Registrar {Judicial), -High Court 'Qf A.P., (Nelapadu) at Amaravati.
2. The I Additional Sessions J+rage (Fast Track Court) Guntur.
3. 'POST) The Superintendent ofPolfoe, Guntur District at-Gunt|ur Urban (by SPEED
4. One spare copy psk HIGH COURT
AVF&BJ.
DATED : 1,4.07.2023
List after four(4) week,s
ORDER
CRLA.No.1217 of 2010
NON BAILABLE WARRANT t=j rY` 15 ,llll 2023 a/ J± J# */..,+ `_-```J ;*`-- ft S- -I -, ^ + 'n.-XfiS ../, EI
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