Citation : 2024 Latest Caselaw 373 AP
Judgement Date : 9 January, 2024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMABAYA TOERSBAY, THE NINTH DAY OF JANUARY, TWO THOUSAND AND TWENTY FOUR -PRESENT: NHONQURABLE SRI JUSTICE V SRINIVAS CRIMINAL REVISION CASE NO: 1842 OF 2009 Between: Harijana Gangapps S/o. Vetti Hanumanthappa, aged about 34 yrs, R/o Nalluru Village, Roddam Mandal, Anantapur District, .. AOCused! Petiioner AND S.H.O. Roddam P.S., Anantapur district, Rep. by iis Public Prosecutor, High Court of Andhra Pradesh, Hyderabad. . Complainant(Respondent Revision filed under Sections 397 & 401 of Cr PC, 1973, praying that in the creumstances stated In the memorandum of grounds fled in support of the Criminal Revision Case, the High Court may be pleased to set aside the conviction and senience against ihe petitioner herein in CrAcpeal No.30/09 before Addifional Seasions Judge, Hindupur Of 22/0870 in the Interest of jusfce: IA NO: 2 OF 2009(CRL.R.C.ALP.NG.2519 OF 2009): Patiion under Section S97(1} of Cr P.S., praying thal in the circumstances Stated In the affidavit Hed in support of the petitian, the High Court may be pleased b9 enlarge the petihoner on bail by suspending the execution of senfenoe passed Judgment mace In Cr_Appeal No. 39 2009 dated 15.10.2009 on the file of the Learned Aaditional Sessions Judge, Hindupur, Anantapur CNistrict in modifying the fucdarnent made in C.C. No. 186 of 2004 on the file of Uusficiai Magisirate of First Class, Penukonds dated 26-2-2009, Pending dispasal of CRLRCO 1942 of 2008, on the fle of the High Court. The petition coming on for hearing, upon perusing the Pefifion and the grounds fied in support thereof and earlier order of the High Court dated 29.10. 2009 made herein and observing thal there is no represeniation for ihe Petitioner and of Pubic Prosecutor for the Respandant, the Court made the faflawing | ORDER:
"There was no representation for the petitioner on 06.09.2023 and 19.10. 20233,
Even, today also no representation for the peitioner,
in these circumstances, the ball granted to the peaiitioner by this Court vide order dated 28.10.2008 in CriR.C.M.P.Noe. 2518 of 2005 is cancelled,
issue ballable warrant to the petitioner, returnable by 09.03 2624.
ARKO
"AA" ol
However, on execution of such ballable warrant, the petitioner shall be
released on ball on furnishing on personal bond for a sum of Rs.10,Q0G/ Rupees Ten Thousand only} with Qvo sureties for a ike surm gach fo the satisisction of the learned Judicial Magistrate of First Class, Penukonda, Anantapur District.
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List the matter on 09.02 2024,"
Sd. S.V 3.2. Murthy
JOINT|REGI STRAR- -
ATRUE COPY SECTION OFFICER
The Registrar (Judicial), High Court of Andhra Pradesh at Amaravati
The Superintendent of Police, Anantapur, Anantapur ONstrict . (BY SPEED
POST)
The Jurhcial Magistrate of First Class, Penukands, Ai naniaouy Oistriot (By
SPEED POST}
Tre Additional Sessions Judge, Hindupur, Anarmagur DietichiBY SPEED
POST}
The Superintencdert, Sub Jai, Anantapur.
Harjana Gangappa Sic. Vett! Nanumanthappa, aged about 34 yrs, Rio Nalluru
Vilage, Raddam Mandal, Anantapur District. Gy RPAD
One CC fo SMT. ADAL LA TRIVENI Adv oc ate (OPUC]
Pwo OCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh PORT] Tre Section Cficer, Criminal Senfion, High Court of Andhra Pr radesh,
Amaravati
10. One spare capy.
PSD
e
NISH COURT
S¥i.f
DATED: 08/04/2024
NOTE: LIST TRE MATTER TEN 89.92 2604
ORDER
CRURG Nodg2 of 2009
DIRECTION
IN THE HIGH COURT os ANDHRA PRADESH AT AMARAVAT TUESDAY, THE NINTH Gay OF JANUARY, TWO THOUSAND SAIC TWENTY FOUR PRESENT:
HONOURABLE Sri JUSTICE ¥ SRINIVAS CRIMINAL REVISION CASE NO: 1842 GF 2009
Between:
Harlana Gangaona S/o. Ven Hanumanthaona, aged about 24 yrs, Rio Nalluru Vilage, Roddam Mandal Anantapur District, .. Accused! Petitioner AND SHO. Raddam PS , Anantapur district, Rep. by its Publis Prosecutor, High Court of Andhra Pradesh, Hyderabad, . omplainantRespondent Whereas Revision fled under Sections 297 & 404 of Cr. PLC. 1973, praying that in the circumstances stated in the Memorandum o grounds filed In support of the Criminal Revision Case. the High Court may be pleased to set aside the conviction
and senfence against ihe petitioner herain in Cri Appeal No. 30/09 before Additional Sessions Jurige, Hindupur DL 22/9/06 in the Interest of fustice:
And whereas the Court UPON perusing the Criminal Revision anc tre MeMGandum of grounds fled in Support thereat, the order of the High Court dated 22.10.2009 made in CRLRO.M P2519 af gone and upon hearing the aus of Public Prosecutor for the Respondent, and Raving observed that there iS No representation for the pelfoner, directed the Registty fo issue Ballable Warrant against the petitioner Therefore, you viz;
The Superintendent of Police, Anantapur, Anantapur District
are hereby directed to arrest the said Petitioner/Accuead viz; Harilana angaspa S/o. Vet Hanumanthappa, aged about 24 yrs, RYo Nefury Vilage, Radelarn Mandal, Anantaour District, wherever he is four! and produce hin bodily under sate custody and conduct before this Court on 08.02.2024 ta which date the case stands posted for hearing.
¥ou are further directad that f the said Revision Pebtioner fumishes personal bond fora sum af Rs. 70 000/- (Rupees Ten thousand Gordy}, with two sureties for a fie SUM Gach to the satisfaction of Judicial Magisfrate of Fire! Class, Panukonds, Anamapur District, he Shall be released an bail You are aise further directed to return this watTant as early as possible preferably defore 09.02.2024, with a detailed report stating the manner in which i Ras bean execuiad,
Herein fall not
JOT REGISTRAR
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The Registrar Judiciaf, High Court of Andhra Pradesh at Amaravati The Superiniendeant of Falice, Ananiagur, Ananiapur [ysinet. (BY SPEEDO POST)
One spare copy.
o
HIGH COURT
Yd
NOTE: LIST THE MATTER ON GS.02. 2024,
ORDER
CRLRG No 1842 of £009
SAILABLE WARRANT
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