Andhra Pradesh High Court - Amravati
Sk. Masthan, Another, vs The State Of Ap Rep By Its Pp Hyd., on 2 January, 2024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATL
TUESDAY, THE SECOND DAY OF JANUARY,
TWO THOUSAND ANG TWENTY FOUR
'PRESENT:
THE HONOQURAGSLE SRI JUSTICE V SRINIVAS <
CRIMINAL REVISION CASE NO: S83 OF 2008 -
Bebween:
1. SK. Masthan, S/o Knan Saheb, S/o Sarada Colony, Guntur, Guntur District
2. SK. Als Bakshu, Sfo Khan Saheb, Rio Sarada Colony, Guntur, Guntur (istrict.
~Paetitioners/Accused ft fo 2
AND
The State of Ap rep by iis Public Prosecutor, High Court of AP., at Hyderabad.
Respondent
Revision filed under Section ag? and 401 of Or cP C., praying that in the
circumstances stated In the graunds fled in support of the Criminal Revision Case, the
High Court may be pleased to present this Memorandum of Grounds of CrR.C.,
Raving been aggrieved by the Judgment dt. 08-05-2007 made in CrLA. Na. 18 dF 2004
on the Mle of the Vi th Adel. Dist. & Sessions Judge (FTC) Guntur confirming the
Judgment dt. 13-32-2006 made in CO.No. S05 of 1999 on the file of the Court of the
Yih Addl. Munsiff Magistrate, Guritur Distic of
1A NO: 2 OF ZD0SiCRLRCMP NO.BOI OF 2008)
Patition under Section 151 CPC praying that in the circumstances stated { in the
affidavit fled in support of the petition, the High Court may be pleased to release the
patitioners/accused 1 fo 2 on bail by suspending the sentence imposed in Judgment
a1.06.09.2007 made in CrLA.No. 18/2004 on the fle of the Vi th Addl. Uist and
Sessions Judge (fast Track Court) Guntur Confirrning the Judgment di44.12.2000
made in CC.No, 5065/1999 on fhe file of the Court of Wih Addi. Munsif Magistr ale,
guntur , Panding disposal of ORLRC 583 of 2008, on the file of the High Court.
The petition coming on for heari Ing, LpSN perusing the Petition and the grounds
Sed in supporl fhereaf and the orders of the High Court dated 19.04.2008, 19.44.2034,
Wii22021 & 28.01.2022 made herein and upon hearing the arquments of Sr
V Harish Kumar, Advocate for the Petlioners(Not appeared) and of Public Prosecutor
for the Respondent and the Court mace the following
ORDER:
"None aopeared for the petifianars.
On 17.12.2021 this Court passed the order as follows:
"Vide arder, dated 19.71.2021, this court revoked the arder of
suspension of sentence of imprisonment imposed on the petitioners,
and directed the V Additicnal Junior Civil Judge, Guntur fo issue
balable warranis against the petitioners.
As per the Report, dated 14.12.2021, of the ¥ Additicnal Junior
Civi Judge, Guntur, the ballsble warrant issued agsinst the
petitioners on 04.12.2021 could not be executed, as the concerned
Gonsishle-8083 of Arundeipat PLS. who wernt to execute the warrants
reported that he enquirad about the petitioners bul their whereabouts
cauld not be known,
The docket proceeding sheef, dated 14.72.2004, of the V¥
Additional dunior Civil sludge, Guntur, states that "Hence, ac
purpose would he survived NW the case is kept pending for execution
of baflable warrant... a
Before the appellain court below, the appellants therein-the
pethioners herein, were aise absent though non-hallable warrants
were issued. The pelionars led revision challenging the anpellate
court's judgment, in which sentence of imprisonment was inilaly
suspended, but inter on was revoked, Prima facie, h appears that the
convicts-pethioners are avoiding the process of the court. All the
necessary and legaly sermissiile measures require to be taken to 2
SL.NO. DATE ORDER OFFICE NOTE snsure thelr presence befors
the courl, as ao one can be parmiiied fo misuse the fherty of ball
granted fo him.
The ¥ Additional Junior Givi Junige, Guntur, is directed to
proceed, a8 per hw, fer execution af the ballahle warrants, by
proceeding against the sureties, and inking recourse to the
nroceedings under sactions S2/83 rP.C ardand such offer
measures. The court beinw is gisn granted Nherty to issue nor
badable warrants against the petifioners.
List after Pongal Vacation, 2022 ia., an 24.07.2022.
Sy the next date, the learned court below has to submit its
report with respect fo the above. Let this arder be communicated to
the ¥ Additional Junior Civil Judge Magistrate, Guntur forthwith.
Lal this order be alac communicated to the Superintendent of
Foalice, District Guntur, who shall also submit his report fo this court
by the next date as fo the efforts made by the concerned for exacution
of warrania,*
As per the above orders, there ip a direction to the isarned ¥ Additional
dunior Chi Judge, Gunii fo proceed as per haw for execution of ballable
warrants by proceeding against the sureties as well as an opportunity was alsa
given to issue non-hallable warrants against the pelifioners and there is aisc a
direction fo the Superinfendent of Pollea, District Guntur, fo submit report on
the execution of the warrants againet the pelitioners.
Inepite of fhe sama, there is no representation from the prasecution side
as to what happened to the ballahle warrants against the pedtioners.
The Inspector of Folica, Aruncdeipal, Guntur INeiricd ia hereby directed to
appear before this Court and to submit report an the execution of the warrants
issued against the petitioners. |
bist the matter on 05.04.2028" gal. S. SRINIVASA ERASAD
ASSISTANT REGISTRAR
&
TRUE COPY!
Ta,
1. The Viih Aridi, Dist. & Sessions Jucge (ETC) Gunter
= The insoacter of Fatica, Srundaipet, Guriet istrict (Ry SPEED POST)
2 One CC io SRILV NARISH KUMAR Advocate (OFUC}
<. Two C&S to PUBLIC PROSECUTOR, High Court of AP, Amaravatl OUT)
§ One spare copy. _
AGH CQURT
SVJ
DATED 2D e0ed
NOTE: LIST THE MATTER ON Q8JN 2883
ORDER
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APPEARANCE
