Andhra Pradesh High Court - Amravati
Burugu Satyanarayana vs The State Of Andhra Pradesh on 28 November, 2023
Setween:
4
B3
Rat
nH
£3389 |
IN HGH COURT OF ANDHRA PRADESH AT AMARAVATI
TUESDAY THE TWENTY EIGHTH DAY OF NOVEMBER
DWeO THOUSAND AND TWENTY THREE
PRESENT:
THE HONOURABLE SRI JUSTICE T MALLIRARJUNA RAG
iA No, 1 OF 2025
iN
GRLRC NG: 1104 OF 2085
Surugu Satyanarayana, s/o Ramucu, Hindu aged about o4 years,
Pallupulanka Vilage, H/O Addankivari lanka, Kagieshwarapuram, East
Gadavar [Netrict,
Accused No.3
urugu Chellantali, wo Satyanarayang, Hindu aged about 49 years
Pallupulanka Vilage, HAD Addankivart lanka, Nandeshwarapuran, Ee asi
Godavar District
Burugu Rambebu, s/o Salyanarayana, Hindu aged, about 28 years.
Palupulanka Vilage, Hi 4 \ddankivan lanks, Kapileshwarapuram, East
Godavari District.
Accused Nod
Burugu Chinna, sfo Satyanarayana, Hindu aged about 24
yearsPallupulanka Vilage, HAD Addankivart lanka, Kapi eshwarapuram
rasiGodavart District
Accused No.
Sothapall Satyanaraya, s/o KRieyya, Hindu aged about 89 years,
Pallunudanke Vilage, H/O Addankivari lanka, Kaplleshwwaranuam, East
Godavari [Netrict.
Agcused No?
Kothapall Ourga Rac @ Durga Prasad, fa Satyanarayana | Hindu
aged aboul 27 years, Palupulanka Village, HAD Addankivarl lanka,
Mapleshwarapuram, East Godavari (istrict.
Accused Na 8
Kothanalli Gangadhara Rac, sfo Ganga Raju, Hindu aged ahout 49
years, Pallunuanka Vilage, HID Addankivar lanka,
Kapleshwarapuram, East Godavari District.
Accused No.8
Burugu Peda Arun Rac, sfo Ramudu, Hindu aged about 59 years,
Palupulanka Vilage, Hio Addankivar: lanka, Kapleshwarapuram, East
Gadavarn District.
Accused No. 1G
SST
8. Burugu Subbarac, sfo Peda Aruna Rao, Hindu aged about 29 years,
Fallupulanka Vilage, Hfo Addgnkivarl lanka, Kapileshwarapuram, Esst
Gadavan (Metrics,
_.Paethtioners/Nevision Petivioners
(Petitioner ih CRERC 04 OF FO28
on tha fle of High Courl)
AND
The State Of Andhra | Mradesh, Ren. by is ® Public Pe
Andhra Pradesh at Amaravatl }
Station, Angara
osecutor ik gh Court of
foe, Angars Folios
(Respan ndents | ndon :
Geounsel for the Petitioners -SR!1P RAJESH BARU
Counsel for the Respondent -PUBLIC PROSECUTOR
Pefion under Section S89 1} of CnP.0, praying thaf in the
droumstances stated in the memorandum y * grounds fied In support of the
a
4 ea
wee
at
petiiion, the High Court may be meased in Grant interim Orders of
Suspension of the sentence imposed by fhe Hanide Gourt of Court af The
Judigal fret class Madi Srrate. Alamuni, diT6-05-2079, passed in OC no SS BS
3
%G-,
poten
OF' 2078, to undergn Simole ir fr @ period of { year for th
HY
offenos ise ody Le and ip ay undergo Simple sriorisoanrmment for a a
period of 3 months the offence wheac44? IRC. which was confirmed by
208 Court of | Additional Oletré ot and
Sessions Judge, East Go { Ralamahendravaram, gassed in
GriAppeai Noa. t8t of ¢ WS y bal on such ferris and conditions as
imposed by this Hoan' 'ple Cot url, Pending disposal of CRLRC No. 140¢ of
023, an the fle of the High Court
way of dudgmant at24-11-
ry
The court while directing issue of notice io the Respondents herein to
show cause as fo why this apoiication should not be complied with, made the
folie i ardent er rhe receint tof this c der "wil be deemed ta be the receipt of
notice ein the nase), The Court mede tha » fol lowing
ORDER
"As sean from the record, the PetitionersiAccused Nos.3 to § and
1 to Pi were canvicted by the Judicial Magistrate of Firat CHasa,
Alamuru (for short, 'the trial Court}, for the offence punishable under
section 447 and 427 of IPC and sentenced them to underge simple
imprisonment for one year each and pay fine of Rs. 1000). in default
simpis imprisonment far one month each for the offence punishable
Uisec.dgvot INC and further sentenced to undergo simple imprisonment
for three monthe for the offence punishable Uisec.447 of IPC,
Aggrieved by the sald Judgment, the Petitioners herein, preferred
Criminal Appeal No.8 of 2049 on the fie of | Additional District and
Sessions Judge, Rajahmahendravaram (or short, 'the («© A&opaliste
Court}, wherein, the {" Appellate Court confirmed the conviction and
sentence dated £4.71.2023 passed against the Petitioners by the trial
court.
Aggrieved by the said Judgment, the present Criminal Revision
case is fled,
Heard learned counsel! for the PetiGianers.
Learned counsel for the Petiioners submits that the trial Court
ignored fo consider the admitted fact of 81 days delay In filing the
report, which is not explained by the Prosecution; the 1™° Appellate
Court is not considered the clear admission of the Investigating officer
that the Defacto Complainant has not given report as stated by her:
without giving proper reasons, the 1" Appellate Court canfirmed the
tial Court's order of conviction againat the Pedtiensrs herein: at
present, the Petiioners are indged in Central Prison,
Ralamahendravaram. Learned sounse!l further submitted that the
Pafitianers herein, had already paid the ine amount imposed by the trial
Gourt and in view of the grounds urged in the revision, the oeiiioeners
have got fair chances of success in the revision
. Considering the facts and circumstances of the cass, thus Court is
inclined fo pass the following order:
{1} The sentence of simple imprisonment imposed against the
Petitioners herein, by the inal Court Is suspended pending disposal of
the Criminal Revision Case.
_ {8) Further, fhe petitioners shall be enlarged on ball on thedr
execuling 8 personal bond for a sum of Re.20,000/- (Rupees Twenty
Thousand only} with fwo sureties for the like sum each te the
satisfaction of the learned Judicial Magistrate of First Claas, Alamuru."
SO--SKMD.RAFI
ASSISTANT.REGISTRAR
TRUE COPY Pree
For ASSISTANT REGISTRAR
a
&
Fae Judicial Magistrate of First Class, Alarnuru
The | Additonal District and Sessions Judge, Ralahmahendravaram
The Superiniendeant, Central Prison, Ralamahendravaram
The Station House officer, Angara Police Station, Angara
One CC to Sr P Rajesh Babu Advocate [OPUC]
Two Cs to Public Prosecutor, High Court of AP [OUT]
One spare capy
mE OR UF de 03 he
SIGH COURT
TME,J
MATEENSSH Te0a8
POST THE REVISION APTER FOUR (04) WEEKS
ORDER
IA No. 1 OF 2023
iN
GRLRC NO: 1104 OF 2023
GAIL
