Andhra Pradesh High Court - Amravati
Kaithepally Sunder Rao 2 Others vs The State Of Andhra Pradesh on 12 February, 2024
[ 3367 ]
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
MONDAY ,THE TWELFTH DAY OF FEBRUARY
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE V SRINIVAS
CRIMINAL REVISION CASE NO: 479 OF 2010
Between:
1. KAITHEPALLY SUNDER RAO & 2 OTHERS, S/o Janayya, R/o Pedapalem-
Village, Nagayalanka-Mandal, Krishna-Dist.
2. Kaithepally Subba Rao,, S/o Izaak, R/o Pedapalem-Village, Nagayalanka-
Mandal, Krishna-Dist.
3. Kaithepally Chanti,, S/o Janayya @ Jani, R/o Pedapalem-Village, Nagayalanka-
Mandal, Krishna-Dist.
...PETITIONER(S)
AND
1. THE STATE OF ANDHRA PRADESH, Represented by its Public Prosecutor,
High Court of Andhra Pradesh, Hyderabad.
...RESPONDENTS
Revision filed under Section 397/401 of CrPC praying that in the
circumstances stated in the affidavit filed in support of the CriminalRevisionCase,
the High Court may be pleased toto call for the records of Crl.A.No.155/2008 on the
file of the X Addl. Dist. & Sessions Judge, Krishna at Machilipatnam, set -aside the
conviction and sentence passed against them and consequently to acquit the
petitioners 1 to 3.
I.A. NO: 1 OF 2010(CRLRCMP. NO: 689 OF 2010)
Petition under Section 151 CPC praying that in the circumstances stated in
the affidavit filed in support of the petition, the High Court may be pleased to
dispense with the filing of the certified copy of the Judgment dated 01.12.08 in
S.C.No.152/2008 of the learned Asst. Sessions Judge, Avanigadda.
I.A. NO: 2 OF 2010(CRLRCMP. NO: 707 OF 2010)
Petition under Section 151 CPC praying that in the circumstances stated in
the affidavit filed in support of the petition, the High Court may be pleased to
enlarge the petitioners/accused 1 to 3 on bail by suspending the sentence of
imprisonment dated 01.12.2008 in S.C.No.152 of 2008 on the file of the Asst.
Sessions Judge, Avanigadda, Krishna Dist., which was modified by the X Addl. Dist.
& Sessions Judge, Krishna at Machilipatnam, dated 04.03.2010 Crl.A.No.155/2008,
pending disposal of the Crl.R.C.
Counsel for the Petitioner(s):SRI. M V S PRASAD
Counsel for the Respondents: PUBLIC PROSECUTOR
The Court made the following:
This matter pertains to the year 2010.
No representation for the petitioners.
This matter was listed on 04.09.2023, 05.10.2023, 28.11.2023,
21.12.2023 and on 29.01.2024. Except on 28.11.2023 and 21.12.2023, none
appeared for the petitioners. Even on 21.12.2023, one Sri A. Vamsi Krishna,
learned counsel representing Sri M.V.S. Prasad, learned counsel for the
petitioners sought time and on 28.11.2023, one Sri Sai Krishna, learned
counsel submitted that Sri M.V.S. Prasad, learned counsel for the petitioners is
unwell and requested time.
In the circumstances, on perusal of the proceedings sheet, the
petitioners/accused herein were granted interim suspension of sentence of
imprisonment on 08.03.2010. On such concession, the petitioners were not at
all attending the Court.
Thus, the orders passed on 08.03.2010 in Crl.R.C.M.P.No.707 of 2010
are hereby cancelled.
Issue Bailable Warrants to the petitioners, returnable by 04.03.2024.
However, on execution of such bailable warrant, the petitioners shall be
released on bail on furnishing a personal bond for a sum of Rs.10,000/-
(Rupees Ten Thousand only) each with two sureties for a like sum each to the
satisfaction of the learned Assistant Sessions Judge, Avanigadda, Krishna
District.
List the matter on 04.03.2024.
________
SV, J
Note: Issue C.C. today.
Registry is directed to send a copy of this order to the Superintendent of Police concerned.
B/o
MJA
