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The State Of A.P., vs Sri Earlalpati Mruthyumjaya Raju,
2023 Latest Caselaw 5598 AP

Citation : 2023 Latest Caselaw 5598 AP
Judgement Date : 21 November, 2023

Andhra Pradesh High Court - Amravati

The State Of A.P., vs Sri Earlalpati Mruthyumjaya Raju, on 21 November, 2023

      HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

                             ****
             CRIMINAL APPEAL No.1456 OF 2007
Between:
State, rep. by Inspector of Police,
Anti-Corruption Bureau, Eluru Rang,
Eluru.                         ....   Appellant/Complainant.

              Versus

1) Sri Earlapati Mruthyumjaya Raju,
   S/o late Gogaiah, Motor Vehicle Inspector,
   Kovvuru, W.G. District.

2) Sri Vishnuboyina Srinivasa Rao,
   S/o Suryanarayana, Godarigunta,
   Driver of Car, Settigaripet, Kakinada,
   E.G. District.           ... Respondents/Accused Officers.

DATE OF JUDGMENT PRONOUNCED :             21.11.2023

SUBMITTED FOR APPROVAL:


        HON'BLE SRI JUSTICE A.V.RAVINDRA BABU


1. Whether Reporters of Local Newspapers
   may be allowed to see the Judgment?                 Yes/No

2. Whether the copy of Judgment may be
   marked to Law Reporters/Journals?                   Yes/No

3. Whether His Lordship wish to see the
   Fair copy of the Judgment?                          Yes/No



                            ___________________________
                                A.V.RAVINDRA BABU, J
                                  2


       * HON'BLE SRI JUSTICE A.V.RAVINDRA BABU

             + CRIMINAL APPEAL No.1456 OF 2007


                          % 21.11.2023

# Between:
State, rep. by Inspector of Police,
Anti-Corruption Bureau, Eluru Rang,
Eluru.                         ....   Appellant/Complainant.

               Versus

1) Sri Earlapati Mruthyumjaya Raju,
   S/o late Gogaiah, Motor Vehicle Inspector,
   Kovvuru, W.G. District.

2) Sri Vishnuboyina Srinivasa Rao,
   S/o Suryanarayana, Godarigunta,
   Driver of Car, Settigaripet, Kakinada,
   E.G. District.           ... Respondents/Accused Officers.

! Counsel for the Appellant : Smt. A. Gayathri Reddy,
                              (Standing Counsel for ACB
                              and Special Public Prosecutor)

^ Counsel for the Respondents : Sri A. Hari Prasad Reddy

< Gist:
> Head Note:
? Cases referred:
2021(1) Supreme 609
(2022) SCC OnLine SC 1724

This Court made the following:
                                 3


          HON'BLE SRI JUSTICE A.V. RAVINDRA BABU

             CRIMINAL APPEAL NO.1456 OF 2007

JUDGMENT:

-

The judgment, dated 15.03.2007 in C.C.No.15 of 2005, on

the file of Special Judge for SPE & ACB Cases, Vijayawada,

("Special Judge" for short), is under challenge in this Criminal

Appeal filed by the State, represented by the Inspector of Police,

Anti-Corruption Bureau ("A.C.B." in short), Eluru Range, Eluru.

2) The parties to this Criminal Appeal will hereinafter

be referred to as described before the learned Special Judge for

the sake of convenience.

3) The State, represented by the Inspector of Police,

ACB, Eluru Range, Eluru, filed charge sheet pertaining to Crime

No.18/ACB-RCT-EWG/03 of ACB, Eluru Range, Eluru, alleging

the offences under Sections 7 and 13(1)(d) r/w 13(2) of

Prevention of Corruption Act, 1988 ("P.C. Act" for short) against

Accused Officer No.1 ("A.O.1" for short) and the offence under

Section 12 of the P.C. Act against Accused No.2 ("A.2" for

short).

4) The case of the prosecution, in brief, as set out in

the charge sheet as above, is as follows:

(i) The A.O.1-Earlapati Mruthyumjaya Raju, S/o late

Gogaiah, worked as Motor Vehicle Inspector, Kovvuru, West

Godavari District, from 08.05.2003 to 15.12.2003. He is a public

servant within the meaning of Section 2(c) of the P.C. Act. One

Vishnu Srinivasa Rao, S/o Suryanarayana (A.2) is a private

person. Velagala Nageswara Rao, S/o Venkata Rao (P.W.1) is

native of Yerugudem Village, Devarapalli Mandal, West Godavari

District. He used to run a fancy store under the name and style

of Rohini Enterprises. He has a Maruthi Van bearing No.A.P.10-

A-3636.

(ii) On 12.12.2003 night while he was brining two bags of

fancy items in his Van, the A.O.1 stopped his vehicle and

threatened him that he will book a case against him as he is

carrying fancy items in his Van which happened to be a non

transport vehicle, as such, demanded him to pay an amount of

Rs.5,000/- as a bribe for not booking a case against him. Then

P.W.1 informed to the A.O.1 that those items were for his

personal use. On enquiry, he produced the vehicle registration

certificate. However, the A.O.1 did not return the same and

informed that the certificate would be returned without

registering a case if he pays bribe amount of Rs.2,000/- to him.

P.W.1 expressed his inability to do so, but the A.O.1 did not

hear the request of P.W.1 and stuck to his earlier demand of

bribe of Rs.2,000/-. Having reluctantly agreed to pay the bribe

due to fear that his registration certificate would not be

returned, but ultimately P.W.1 decided to lodge a report to ACB.

Accordingly, on 14.12.2003 he proceeded to the office of P.W.6-

ACB DSP and presented Ex.P.1 report. ACB DSP after causing

necessary formalities registered a case against the A.O.1 and

took up investigation.

(iii) On 15.12.2003 at about 4-40 p.m., on receipt of

prearranged signal, P.W.6 along with his staff and mediators

rushed into the office of the A.O.1 where P.W.1 informed to him

that he gave the bribe amount to A.2 as per the directions of

A.O.1 and shown him. Then P.W.6 instructed his staff to keep

surveillance on A.2 and after disclosing his identity to the A.O.1,

he got conducted Sodium Carbonate solution test on both hand

fingers of the A.O.1 which proved negative result. On enquiry

with the A.O.1, the A.O.1 gave his explanation and basing on

the same, he called A.2 and when he conducted Sodium

Carbonate solution test on both hand fingers, it yielded positive

result. During further enquiry, A.2 produced the tainted amount

from his left side pant pocket, which was seized by the trap

laying officer in the presence of mediators under the cover of

mediators report. When the Sodium Carbonate solution test was

conducted to the left side pant pocket of A.2, it proved positive.

Hence, the trap laying officer seized the relevant record and

arrested the A.O.1 and A.2 and forwarded them to judicial

custody and investigated into.

(iv) The Government of Andhra Pradesh, being the

competent authority to remove the A.O.1, issued prosecution

sanction order vide G.O.Ms.No.43, dated 18.02.2005 against the

A.O.1. Hence, the charge sheet.

5) On perusal of the charge sheet, the learned Special

Judge took cognizance under Sections 7 and 13(1)(d) r/w 13(2)

P.C. Act against the A.O.1 and Section 12 of the P.C. Act against

A.2. On appearance of the A.O.1 and A.2 before the learned

Special Judge and after complying the formalities under Section

207 of the Code of Criminal Procedure ("Cr.P.C." for short),

charges under Sections 7 and 13(1)(d) r/w 13(2) P.C. Act

against the A.O.1 and charge under Section 12 of the P.C. Act

against A.2, were framed and explained to them in Telugu for

which they pleaded not guilty and claimed to be tried.

6) To bring home the guilt against the A.O.1 and A.2,

the prosecution before the learned Special Judge examined

P.W.1 to P.W.6 and got marked Ex.P.1 to Ex.P.17 and Ex.X.1.

The defence counsel got marked Ex.D.1. Further the prosecution

got marked M.O.1 to M.O.10. After closure of the evidence of

the prosecution, the A.O.1 and A.2 were examined under

Section 313 of Cr.P.C. with reference to the incriminating

circumstances appearing in the evidence let in, for which they

denied the incriminating circumstances.

7) During course of Section 313 of Cr.P.C. examination,

the A.O.1 stated that he neither demanded nor accepted any

bribe amount from P.W.1 and the alleged demand is not at all

correct considering the computation fee payable even if, P.W.1

were to be imposed challan and prosecuted for the alleged

violation of provisions of M.V. Act. Therefore, he was falsely

implicated. A.2 stated that he was falsely implicated in this case

and he never demanded and accepted any bribe from P.W.1 as

alleged.

8) The learned Special Judge on hearing both sides and

on considering the oral as well as documentary evidence, found

the A.O.1 and A.2 not guilty of the charges framed against them

and acquitted them under Section 248(1) of Cr.P.C. However,

the learned Special Judge made a finding that it is expedite in

the interest of justice to prosecute P.W.1 for perjury and

accordingly directed launching of prosecution by way of filing

complaint for the offence of perjury against P.W.1. Felt

aggrieved of the judgment of the learned Special Judge, the

unsuccessful State filed the present Criminal Appeal.

9) Now, in deciding this Criminal Appeal, the points for

determination are as follows:

(1) Whether the prosecution before the learned Special Judge proved the pendency of official favour with the A.O.1 in respect of the work of P.W.1 as on the date of report lodged by him and as on the date of trap?

(2) Whether the prosecution before the leaned Special Judge proved that prior to the date of trap and on the date of trap, the A.O.1 demanded P.W.1 to pay bribe for not booking a case against him and in pursuant to such demand, accepted the bribe amount of Rs.2,000/- through A.2?

(3) Whether the prosecution proved that A.2 facilitated the commission of offence under Section 7 of the P.C. Act by the A.O.1, as such, he was abettor in the commission of offence as alleged against the A.O.1 in the manner as alleged?

(4) Whether the prosecution proved the charges against both the A.O.1 and A.2 under Sections 7 and 13(1)(d) r/w 13(2) P.C. Act and Section 12 of the P.C. Act, as the case may be, beyond reasonable doubt?

(5) Whether there are any grounds to interfere with the judgment of acquittal recorded by the learned Special Judge?

POINT NOs.1 to 5:-

10) Though the learned Special Judge gave a finding

that there was valid sanction to prosecute him, but the findings

of the learned Special Judge that the A.O.1 was a public servant

within the meaning of Section 2(c) of the P.C. Act and that the

prosecution obtained a valid sanction to prosecute the A.O.1

under Sections 7 and 13(1)(d) r/w 13(2) of the P.C. Act is not

under challenge in the present Criminal Appeal during the

course of arguments by the learned counsel for the respondent

Nos.1 and 2. However, considering the evidence of P.W.3

coupled with Ex.P.16-sanction order, there is positive evidence

adduced by the prosecution before the learned Special Judge to

prove that the A.O.1 was a public servant within the meaning of

Section 2(c) of the P.C. Act and that the prosecution obtained a

valid sanction to prosecute him for the offences alleged under

Sections 7 and 13(1)(d) r/w 13(2) of the P.C. Act. These aspects

are not under challenge during the course of arguments

advanced by the learned counsel for the respondent Nos.1 and 2

in any way.

11) P.W.1 was the defacto-complainant, who set the

criminal law into motion by lodging Ex.P.1 with the ACB. P.W.2

was the Service Engineer in the office of District Medical and

Health Officer, Eluru, who acted as mediator for pre-trap under

Ex.P.6 and post-trap under Ex.P.15. P.W.3 was the Section

Officer in Transport Roads and Buildings to prove sanction

against the A.O.1. The prosecution examined P.W.4 to speak

about certain procedural aspects in respect of the seizure of

Registration Certificates from the owners of the vehicles. P.W.5

was the person, who caused discrete enquiries upon the report

of Ex.P.1 at the instructions of P.W.6, which ultimately resulted

into registration of F.I.R. P.W.6 was the trap laying officer.

12) Smt. A. Gayathri Reddy, learned Standing Counsel

for ACB and Special Public Prosecutor, appearing for the

Appellant/State, would contend that for obvious reasons and for

the reasons best known, P.W.1 gave a goby to the contents of

Ex.P.1 and deviated from it and he deposed false in support of

the defence of the A.Os. So, he turned hostile to the case of the

prosecution. Having alleged in Ex.P.1 that the A.O.1 demanded

him to pay bribe of Rs.5,000/- and later reduced to Rs.2,000/-

for not booking a case against him, he deviated from the

contents of it. However, the seizure of the C-book from the

possession of the A.O.1 on the date of trap by the trap laying

officer is not in dispute. Therefore, it shows that the pendency of

the official favour. Even in Ex.P.7, the voluntary explanation of

the A.O.1, he admitted the seizure of the Registration Certificate

from P.W.1 and he was in possession of such a document on the

date of trap. The evidence reveals that it was seized from the

A.O.1 on the date of trap and during the post-trap. So, the

prosecution proved the pendency of the official favour. In

respect of the demand for bribe prior to the trap and during

trap, P.W.1 deviated from Ex.P.1, as such, there is no direct

evidence to prove the same. However, the amount was

recovered from the possession of A.2 who was driver of the

A.O.1. The recovery of tainted amount was established by virtue

of the evidence of the mediator and trap laying officer. A.2

forwarded a thrust theory. In fact, it is the evidence of P.W.1

that when he met the A.O.1 with a request to return his

Registration Certificate, he asked the driver to return it and the

driver returned it and then the A.O.1 through driver i.e., A.2

accepted the bribe amount. The prosecution established the

recovery of the tainted amount from A.2 who was no other than

the driver of the A.O.1. The learned Special Judge did not take

into consideration of all these aspects. The recovery of the

tainted amount from A.2 can be attributed against the A.O.1.

A.2 accepted the tainted amount at the instructions of the

A.O.1. The learned Special Judge on erroneous reasons,

recorded an order of acquittal, as such, it is liable to be

interfered with.

13) Sri A. Hari Prasad Reddy, learned counsel appearing

for the respondents, would contend that there is no dispute

about the seizure of Registration Certificate during post-trap. In

Ex.P.7, the voluntary explanation, the A.O.1 put up a possible

reason that when he made search of the vehicle of P.W.1 on

12.12.2003, he found that he (P.W.1) was not carrying required

documents in support of the vehicle and he (P.W.1) undertaken

to produce before the A.O.1, if he grants some time. On

humanitarian grounds, he allowed P.W.1 to produce the

documents at a later time, but took "C" book. Later, on the

date of trap, when P.W.1 came to him to get back the "C" book,

he asked the driver to give the same to P.W.1. Later, they went

away and they did not know what happened. The amount was

not recovered from the possession of the A.O.1. P.W.1 gave a

goby from the contents of Ex.P.1. Therefore, the allegations of

demand of bribe as alleged in Ex.P.1 are not at all proved.

Ex.P.1 and Section 164 of Cr.P.C. statement of P.W.1 cannot be

read any substantive evidence. Even according to the case of

the prosecution, P.W.1 did not attribute anything against the

A.O.1 on the date of trap. According to the defence theory,

P.W.1 thrust the amount into the pocket of A.2. The prosecution

did not establish the link between the recovery of amount from

A.2 and the A.O.1. A.2 had no knowledge whatsoever about the

pendency of the official favour. Virtually, the evidence is lacking

that A.2 facilitated the commission of offence. The learned

Special Judge with a thorough appreciation of the evidence on

record, recorded an order of acquittal which cannot be interfered

with. The findings of the learned Special Judge are quietly

reasonable. In support of the contentions, he would rely upon

the decision in N. Vijayakumar vs. State of Tamil Nadu1.

14) Before going to appreciate the contentions of both

sides with regard to the pendency of the official favour and

allegations of demand and acceptance of bribe, it is pertinent to

look into the contents of Ex.P.1, report lodged by P.W.1. The

substance of the allegations in Ex.P.1 is that P.W.1 is running

fancy goods business under the name and style of Rohini

Enterprises. He has Maruthi Van for his personal use bearing

No.A.P.10-A-3636. On 12.12.2003 at night 9-00 p.m., while he

was carrying two bags of fancy goods pertaining to his shop in

2021(1) Supreme 609

his Maruthi Van and when he reached Surya Petrol Bunk,

Kovvuru, the A.O.1 stopped the Maruthi Van and threatened him

that he will book non-transport vehicle against him, as he is

carrying two small bags of goods. He pleaded that they are

bringing for his personal use. The A.O.1 told him that he will

book a case in spite of his request. On his repeated requests, he

(A.O.1) demanded bribe of Rs.5,000/- for not booking a case.

Ultimately, he reduced the bribe amount to Rs.2,000/- and he

took his (P.W.1) "C" book and told him that unless he paid that

demanded bribe of Rs.2,000/-, "C" book will not be given and he

will book a case against him. So, this is the sum and substance

of the allegations.

15) When it comes to the evidence of P.W.1, he did not

speak the case of the prosecution on crucial aspects. His

evidence in substance is that on 12.12.2003 while he was

returning to his house from Rajahmundry and when the vehicle

reached near Surya Petrol Bunk, Kovvuru at 8-00 p.m., one

person stopped his van and asked him to produce "C" book for

checking by Motor Vehicle Inspector. He gave "C" book. He was

in the Van after handing over "C" book to that person. That

person after some time asked him that he (P.W.1) has to give

pollution certificate and insurance, etc. He was not having by

then and that they are available in his house. The said person

told him, he should not carry the goods in Maruthi Van and he

has to carry the goods in a goods carriage and that his vehicle

would be seized on that account. He told him that if a case is

booked, he has to pay Rs.5,000/-, as such, he has to bring at

least Rs.2,000/- to take back his "C" book. He cannot say the

person who stopped the Maruthi Van. So, having felt humiliation

and at the advice of some family members, he decided to lodged

a report. On 14.12.2003 he gave report to ACB DSP which is

Ex.P.1. He further spoke about the pre-trap proceedings with

regard to the applying of phenolphthalein powder to the

currency notes. His evidence with regard to the post-trap is that

as per the instructions of ACB, he proceeded to the office of the

A.O.1 and the A.O.1 was not there and he returned and

informed the same to ACB, who asked him to wait there. At

4-00 p.m., the A.O.1 came. Then he went there and asked him

about his "C" book and he informed him that "C" book is

available with the driver and asked him to take it from the

driver. He went to the driver at the road and met him. A.2 was

the driver at that time. A.2 asked him to pay the amount. Then

he gave Rs.2,000/- by taking out from his shirt pocket. He does

not remember with which hand he received the amount. After

receiving the amount, he returned "C" book which was available

with him. Then he gave the pre arranged signal. He informed

the DSP that he gave the amount to A.2. This is the sum and

substance of the evidence of P.W.1. Prosecution got declared

him as hostile and during cross examination, he denied the case

of the prosecution as alleged in Ex.P.1 and the post-trap

proceedings.

16) It is to be noted that during the course of cross

examination of P.W.1, there is no dispute about the seizure of

Registration Certificate of P.W.1. P.W.1 deposed that he cannot

say the name of the person and he does not know the name of

the person and he did not identify the person who seized "C"

book. However, the evidence of P.W.2, the mediator and P.W.6,

the trap laying officer, proves the seizure of "C" book from the

possession of the A.O.1. Apart from this, Ex.P.7 is the self-styled

explanation separately written by the A.O.1 which reveals about

the seizure of "C" book from P.W.1 on 12.12.2003. The

substance of it is that when he searched the vehicle of P.W.1, he

was not possessing required certificates and he undertaken to

produce in the later time and on humanitarian grounds, he

allowed P.W.1 to give, but he took "C" book, etc. Though P.W.1

did not speak about the identity of person who seized "C" book

but Ex.P.7 which is voluntary in nature coupled with the

evidence of P.W.2 and P.W.6, trap laying officer, would prove

the seizure of "C" book by the trap laying officer from A.O.1

during post-trap. So, there is sufficient evidence on record to

prove the pendency of the official favour.

17) Turning to the allegations of demand of bribe

attributed against the A.O.1 as alleged in Ex.P.1 and in the post-

trap, P.W.1 turned hostile to the case of the prosecution. Merely

because the prosecution was able to prove the pendency of the

official favour, it does not lead to a conclusion that the A.O.1

demanded P.W.1 to pay the bribe. In view of the admissions

made by P.W.1 during the course of cross examination by the

Special Public Prosecutor as to the contents of Ex.P.1 and

further contents of Section 164 of Cr.P.C. statement, they are

nothing but voluntary, but, however, for obvious reasons P.W.1

turned hostile to the case of the prosecution. For this part of

behavior of P.W.1, the learned Special Judge made appropriate

findings as if P.W.1 appears to have given false evidence and

ordered prosecution of perjury against him which is altogether a

different issue. But, insofar as the allegations of demand as

alleged in Ex.P.1 and in post-trap proceedings are concerned

against the A.O.1, there is no substantive evidence at all.

Ex.P.1, Section 164 of Cr.P.C. statement of P.W.1 and further

post-trap under Ex.P.15 cannot be read any substantive

evidence. It is not a case where the tainted amount was

recovered from the physical possession of the A.O.1. On the

other hand, the amount was said to be recovered from the

possession of A.2. Even it is not the evidence of P.W.1 that at

the directions of the A.O.1, he delivered the tainted amount to

A.2. According to P.W.1, the A.O.1 asked him to take back the

original "C" book from the driver (A.2) and later he took "C"

book A.2 and A.2 asked him to pay the amount of Rs.2,000/-

and then he paid the amount. So, absolutely, a link is missing in

the evidence that at the instructions of the A.O.1, A.2 took the

tainted amount.

18) It is to be noted that Ex.P.8 is the voluntary

explanation took by ACB DSP from A.2 on a separate paper. As

seen from Ex.P.8, it reads that when A.2 gave "C" book to

P.W.1, he tried to give a sum of Rs.2,000/- and then he refused

to take the amount and warded off his hand, but he forcibly

thrust the amount in his pocket. The defence of A.2 is in tune

with Ex.P.8 during the course of cross examination of P.W.1.

Therefore, the defence of A.2 during the course of cross

examination of P.W.1 as if P.W.1 thrust the amount into pocket

of A.2 is not without any basis from the record and it is from the

voluntary explanation of A.2 during post-trap proceedings. The

prosecution did not establish that A.2 facilitated the commission

of offence under Section 7 of the P.C. Act by the A.O.1. The

mere recovery of the amount from A.2 would not prove the

charge against the A.O.1 under Sections 7 and 13(1)(d) r/w

13(2) of the P.C. Act. The mere recovery of amount from A.2 in

the absence of collusion between the A.O.1 and A.2 would not

prove the charge under Section 12 of the P.C. Act. Except the

solitary circumstance that amount was recovered from A.2, the

prosecution did not establish anything with regard to the

allegations of demand against the A.O.1 prior to the date of trap

and on the date of trap. So, when P.W.1 did not speak that the

A.O.1 demanded any bribe either prior to the trap or during the

post-trap, his evidence that A.2 asked him to pay the amount

cannot carry any weight especially when the defence of A.2 is in

tune with Ex.P.8, voluntary explanation given by him during

post-trap.

19) In the decision cited by the learned counsel for the

respondents in N. Vijayakumar's case (1 supra), the Hon'ble

Supreme Court held that mere recovery of tainted money,

divorced from the circumstances under which such money and

article is found is not sufficient to convict the accused when

substantive evidence in the case is not reliable. Apart from this,

the Constitutional Bench of the Hon'ble Supreme Court in Neeraj

Dutta v. State (Government of NCT of Delhi)2 held that to draw

a presumption under Section 20 of the P.C. Act, prosecution has

to prove the foundational facts. Coming to the present case on

hand, the prosecution miserably failed to prove the foundational

facts. Under the circumstances, as the recovery of amount was

not from the A.O.1 and as the prosecution failed to establish the

nexus between the A.O.1 and A.2, there is no benefit of

presumption under Section 20 of the P.C. Act. It is a case where

the prosecution failed to prove the foundational facts to sustain

the charges against the accused. The learned Special Judge on

thorough appreciation of the evidence on record, recorded an

order of acquittal. Under the circumstances, the well reasoned

judgment of the learned Special Judge is not liable to be

interfered with. The prosecution before the learned Special

Judge failed to prove the allegations of demand alleged against

the A.O.1 prior to the trap and on the date of trap and further

failed to prove the allegation that A.2 facilitated the commission

of offence under Section 12 of the P.C. Act. The evidence on

record warrants the learned Special Judge to extend the benefit 2 (2022) SCC OnLine SC 1724

of doubt. However, the findings of the learned Special Judge as

against P.W.1 for ordering the prosecution under perjury are

reasonable and they are not liable to be interfered with. Hence,

there are no merits in the appeal, as such, the Criminal Appeal

is liable to be dismissed.

20) In the result, the Criminal Appeal is dismissed

confirming the judgment, dated 15.03.2007 in C.C.No.15 of

2005, on the file of Special Judge for SPE & ACB Cases,

Vijayawada.

21) The Registry is directed to mark a copy of this

judgment to the trial Court as well as to the Court where the

perjury case against P.W.1 is pending for information.

22) The Registry is directed to forward the record along

with copy of the judgment to the trial Court on or before

28.11.2023.

Consequently, miscellaneous applications pending, if any,

shall stand closed.

________________________ JUSTICE A.V. RAVINDRA BABU Dt.21.11.2023.

PGR

THE HON'BLE SRI JUSTICE A.V. RAVINDRA BABU

CRL. APPEAL NO.1456 OF 2007

Note:

The Registry is directed to forward the record along with copy of the judgment to the trial Court on or before 28.11.2023.

Date: 21.11.2023

LR copy be marked.

PGR

 
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