Andhra Pradesh High Court - Amravati
V Balakrishna vs Y Sulochana Rani on 6 August, 2024
.-~
lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl
TUESDAY, THE SIXTH DAY OF AUGUST,
TWO THOUSAND AND TWENTY FOUR
:PRESENT:
THE HONOURABLE JUSTICE DR V R K KRUPA SAGAR
IANo. 2 OF2024
IN
CRLRC NO: 678 OF 2024
Betwee n :
V Balakrishna, S/o. Late V. Radhaiah, aged 43 years, R/o. Vishnu Nivasam,
Annamaiah Nagar, 5th Cross, 1st house, near MK Naidu Colony,
Bairagjpatteda, Tirupati, Tirupati District.
...Petitioner/accused
AND
1. Y Sulochana Rani, W/o Y. Ravi, aged about 45 years, R/o. D.No.6-72/3,
Dhanalakshmi Nagar Extension, Kalasam Building Road, Avilala Post,
Tirupati Rural And MandaI. Tirupati District.
...Complainant
2. The State ofAndhra Pradesh, Rep. by its PubII-C Prosecutor, High court
of Andhra Pradesh at Amaravati.
...Respondents
Petition under Section 438(1) of BNSS (Old Provision Under Section
397 (1 ) of CrPC) praying that I-n the Circumstances Stated in the memorandum
of grounds filed in support of the Criminal Revision Case, the High Court may
be pleased to suspend the execution of sentence passed in crI.A.No.40/2021
on the file of V Addl. District and Sessions Judge, Tirupati dt.25.07.2024
confirming the judgment dt.17.ll.2021 passed in C.C. No. 315/2018 on the
file of V Addl. Judicial Magistrate of First Class, Tirupati, Pending disposal of
CRLRC No. 678 of 2024, on the file of the High Court.
Counsel for the petitI'Oner : Sri D Purnachandra Reddy
Counsel for the Respondent No.2 : Public Prosecutor
The Court made the following
ORDER:
flHeard learned counsel for the petitioner.
Perused the record.
There are concurrent findings of conviction of sentence for an
offence against the petitioner on 25.07.2024., the learned Appellate Court
granted 15 days for the convl-cted to surrender before the Trial Court and
undergo sentence. The revision is preferred challenging that. The
revision in the present application has been fl-led within the stipulated
time by the Appellate Court.
ln these circumstances and after considering the grounds urged in
the revision, this petition is allowed, suspending the execution of the
substantive sentence in Crl.A No.40 of 2021 on the file of learned V AddI.
District & Sessions Judge confirming the Judgment dated 17.ll.2021
Passed in C.C No.315 of 2018 on the fI-Ie of learned V Addl. Judicial
Magistrate of First class, Tirupati., subject to the condition that
appellant shall deposit 20yo of the cheque amount before the learned
Trial Court within four (4) weeks, from the date of receipt of copy of this
Order and shall execute Personal bond for a sum of Rs.10,000/-with two
sureties of the like sum each, to the satisfactl-on of the learned V AddI.
Judicial Magistrate of First class, Tirupati." sd/_ G. SRiNIVAS REDDY
ASSISTANT REGISTRAR
•I C,,i/---S ,
//TRUE COPY//
For I SECTION OFFICER
Tol
1. The V AddI. Judicial Magistrate of First Class, Tirupati.
2. The VAddI. Dl-strict and SessI'OnS Judge, Tirupati
3. Y Sulochana Rani, W/o Y. Ravi, aged about 45 years, R/o. D.No.6-72/3,
Dhanalakshmi Nagar Extension, Kalasam Building Road, Avilala Post,
Tirupati Rural And MandaI. Tirupati District.( By RPAD)
4. One CC to Sri D Purnachandra Reddy, Advocate [OPUC]
5. Two CCs to Public-Prosecutor (AP) High Court of Andhra Pradesh
[OUT]
6. One spare copy
CVSS
HIGH COURT
Dr VRKS,J
DATED : 06/08/2024
LIST AFTER SIX WEEKS.
ORDER
IANo.2OF2024
lN
CRLRC NO: 678 OF 2024
•!',€ ®ttStee
DIRECTION
