Andhra Pradesh High Court - Amravati
Cheboru Ramesh vs State Ofandhra Pradesh on 14 July, 2023
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lN THE HIGH COURT OF ANDHRA PRADESH AT AMA
FRIDAY, THE FOURTEENTH DAY OF JULY,
ll^/O THOUSAND AND ll^/ENTY THREE
: PRESENT:
HONOURABLE SRI i-U-;TTie-i-A-v RAVINDRA BABU ng"j<+i:.,i:;.::fT rirZrrf~
CRIMINAL APPEAL NO: 692 OF 2009
Betwee n :
1. Cheboru Ramesh, S/o. Koteswara Rae, aged 24 years, R/o. Vaidana VI"age,
Ballikurava Mandal, Prakasam District.
2. Ganta @ Miriyala Kondalu @ Konda, S/o. Narasimhaiah, aged 23 years, R/o.
Vaidana VIllage, Ballikurava Mandal, Prakasam Distriet.
....Appellants/
Accused
AND
State ofAndhra Pradesh, rep by its Public Prosecutor, Hieh Court of Amdhra
Pradesh, Hyderabad.
...Respondent
Appeal under Section 374 (2) of Cr.P.C, filed praying that in the
circumstances stated in the memorandum of grounds filed in support of the Criminal
Appeal, the High Court may be pleased to allow this criminal appeal by setting aside
the Calendar and Judgment dt.10.06.2009 in S.C.No.5 of 2008 on the file of Court of
Leamed Special Judge for Trial of Offenses Under SCs & STs [POA] Act, Prakasam
Division at Ongole and acquit the appellants for the charges leveled against them.
Crimp No.1512 of 2009(lA NO: 1 OF 2009):
Petition under Section 389 (1) Cri.P.C praying that in the circumstances stated
in the affidavit filed in support of the petition, the Hieh Court may be pleased to
suspend the execution of conviction and sentence passed by the Learned Special
Judge for Trial of Offences Under Sos & STs [POA] Act, Prakasam Division at
Ongole in S.C.No.5 of 2008 dt.10.06.2009 and direct the appellants to continue on
bail, pending disbosal of CRLA 692 of 2009, on the file of the Hish Court.
The Appeal coming on for hearing, upon perusing the Petition and the
memorandum of grounds in support thereof and the order of the High Court order
dated 25.06.2009 made in CrlMP.No.1512 of 2009, the High Court, upon hearing the
arguments of Public Prosecutor for the Respondent and tlaving observed that none
represented for the appelfant, the Court made the fotlowing
ORDER:
I€None represented for the appellands.
Appeal is coming today to take coercive steps against the appeIIants, in
the event of non representation.
The appeIIants suffered with conviction in S.C.No.05 of 2008 for the
offence under section 506 lPC, 235 (2) Cr.P.C and Section 3(1) (x) of SCs & STs
(POA) Act, 1989 and Section 235 (2) Cr.P.C. and was imposed a sentence to
undergo rigorous imprisonment for one year and shall pay a fine of Rs.500/-
each in default sl-mple imprisonment for 15 days. Challenging the same, the
Present appeal tis filed and they got suspension of sentence on 25.06.20O9 in
crl.R.C.M.P.No.1512 of 2009. After this whenever, the matter is listed, nobody
is appearing for the appeIIants. That is why, the matter is listed for taking
coeieive steps against the appellants.
under the circumstances, the order dated 25.06.2009 is hereby revoked.
Issue Non Bailable Warrant against the appellants through the
concerned Superintendent of police directI-ng tO execute Non Bailable Warrant
against the appeIIants and to produce the appellants before the court below
and on such productl-on the court below is directed to entrust the conviction
warrant pending disposal of the appeal and send the compliance report.
Ll-st on 17.08.2023.
Registry is directed to dispatch Nan Bailable Warrant, forthwith.''
SD/- SVSR MURTHY
JO'NTffi ISTRAR
/ITRUE COPY//
SECTION OFFICER
To,
1. The Registrar (Judicial), High Court ofAndhra Pradesh
2. The SpecI'aI Judge for Trial of Offen`ces under scs & sts [poA] Act,
Prakasam Dl-vision at Ongole.
3. The SuperI-ntendent of Police, Baptla District at Baptla. (By Speed Post)
4. Cheboru Ramesh, S/o. Koteswara Rao, aged 24 years, R/o. Vaidana
Village, Ballikurava MandaI, Prakasam District.
5. Ganta @ Miriyala Kondalu @ Konda, S/o. Narasimhaiah, aged 23 years,
R/o. Vaidana Vl'llage, Ballikurava Mandal, Prakasam District.(Addressee
Nos. 4&5byRPAD)
6. One CC to Sri. Ginjupalli Subba Rao, Advocate [OPUC]
7. Two CCs to Publ,'c Prose9utor (AP) High Court ofAndhra Pradesh [OUT]
8. The Section OffI-Cer, Grim,naI Section, High Court ofAndhra Pradesh
9. Onespare copy
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//
HIGH COURT
AVRBJ
DATED..14/07/2023
LIST ON 17.08.2023.
ORDER
CRLA.No.692 of 2009
ORDER OF THE NON-BAILABLE WARRANT
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lN THE HIGH COURT OF ANDHRA PRADESH AT AMARA
FRIDAY, THE FOURTEENTH DAY OF JULY,
ll^/O THOUSAND AND ll^/ENTY THREE
:PRESENT:
HONOURABLE SRI JUSTICE 'A V RAVINDRA BABU
CRIMINAL APPEAL NO: 692 OF 2009
Between : .p ,fu.ng.',-~
1. Cheboru Ramesh, S/o. Koteswara Rao, aged 24 years, R/o. Vaidana Village,
Ballikurava Mandal, Prakasam District.
2. Ganta @ Miriyala Kondalu @ Konda, S/o. Narasimhaiah, aged 23 years, R/o.
Vaidana Village, Ballikurava Mandal, Prakasam District.
....Appellants/
Accused
AND
State of Andhra Pradesh, rep by its Public Prosecutor, High Court of Andhra
Pradesh, Hyderabad.
...Respondent
WHEREAS Appeal under Section 374 (2) of Cr.P.C, filed praying that in the
circumstances stated in the memorandum of grounds filed in support of the Criminal
Appeal, the High Court may be pleased to allow this criminal appeal by setting aside
the Calendar and Judgment dt.10.06.2009 in S.C.No.5 of 2008 on the f'lle of Court of
Learned Special Judge for Trial of Offences Under SCs & STs [POA] Act, Prakasam
Division at Ongole and acquit the appellants for the charges leveled against them,
AND WHEREAS the Appeal coming on for hearing, upon perusing the
petition and the memorandum of grounds in support thereof and the earlier order of
the High Court dated 25.06.2009 made in CrIMP.No.1512 of 2009 and the High
Court observed that having none represented for the appellants, directed the
registry to issue Non-Bailable Warrant against the Appellants/Accused.
Therefore, You Viz:
The Superintendent of Police, Bapatla District at Bapatla.
are hereby directed to arrest the said appellants viz;
1. Cheboru Ramesh, S/o. Koteswara Rao, aged 24 years, R/o. Vaidana Village,
Ballikurava Mandal, Prakasam District.
2. Ganta @ Miriyala Kondalu @ Konda, S/o. Narasimhaiah, aged 23 years, R/o.
Vaidana Village, Ballikurava MandaI, Prakasam District.
wherever they are found and produce them bodily under safe custody and conduct
before the court of Special Judge for Trial of Offences Under SCs & STs [POA] Act,
Prakasam Division at Ongole and submit compliance report to the Hon'ble High
Court on or before 17.08.2023.
On such production, the Court of Special Judge for Trial of Offences Under
sos & STs [POA] Act is directed to entrust the conviction warrant upon execution of
Non-Bailable Warrant.
The Court of Special Judge for Trial of Offences Under SCs & STs [POA] Act
is further directed to send the compliance report to this Court on or before
17.08-2023-
Hereln fall not haTR
REGISTRAR
To,
1. The Special Judge for Trial of Offences Under SCs & Sts [POA] Act,
Prakasam Division at Ongole.
2. The Superintendent of Police, Baptla District at Baptla. (By Speed Post)
3. One spare copy.
CVSS
HIGH COURT
AVRBJ
DATED: 14/07/2023
LIST ON 17.08.2O23.
ORDER
CRLA.No.692 of 2009
NON-BAILABLE WARRANT
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