Andhra Pradesh High Court - Amravati
Pattabi Manojkumar vs The State Of Ap on 23 January, 2024
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lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl ij;(
TUESDAY ,THE TWENTY THIRD DAY OF JANUARY t{I
TWO THOUSAND AND TWENTY FOUR
:PRESENT:
THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO
lA No. 2OF2023 r
IN
Between: CRLRC NO: 1231 OF 2023 `~
1. Pattabi Manojkumar, s/oKoteswara Rao about 36 years, Hl'ndu, Madiga,
LIG-102, UDA Colony, Payakapuram, vijayawada-15.
2. Smt.Pattabhi satyaKumari, W/o Koteswar Rao, Aged about 62 years,
Hindu, Madiga, House wife, LIG-102, UDA Colony, Payakapuram,
Vijayawada-15.
3. Pattabhi Suneetha, w/o Adhrusta Kumar, Hindu, Madiga, Aged about 36
years, D.NO 43-126-10,Ajithsinghnagar, vlJAYAWADA
/ 4 :aatifgbah,I LTgTIOoh2a,r UB3bAu6So{:nKy?tpe:yaakraRpau:;#eviJaaybaO#:3dZ_yle5arS, H'nduJ
.fP-etitioners/Accused No.1 to 4
AND
1. The State of Andhra Pradesh, Rep. by Public Prosecutor, Hl'gh Court
Bulding Nelapadu Amaravati
2. Pattabhi Manasa, w/o Manoj Kumar D/a Late Sudheer Babu Balaji Nagar
Krishnalanka vijayawada
. . . Respondent No.2/Defacto-Complainant
unsel for the PetitI-OnerS :SMT SREE DEVI KANTETl
Counsel for the Respondent No.1.|PUBLIC PROSECUTOR
petition under section-,`397(1) of Cr.P.C praying that in the
cI-rCumStanCe.S Stated in the Memorandum of grounds filed l'n support of the
petition, the High Court may be pleased suspend the judgment in criminal
Appeal No. 71 /2023 on the file of the Sessions Judge Mahila Court Vijayawada
dated ll-09-2023 l'n confirmJ'ng the judgment passed in DVC.No.112 / 2018
on the file of lSt Additional Chief MetropolI-tan Magistrate vijayawada
dated 29-06-2022 in the interest of justice, pending dI-SPOSal Of
CRLRC No. 1231 of 2023, on the file of the High Court.
The court while directl'ng l'ssue of notice to the Respondents herein to
show .cause as to why this application should not be complied with, made the
followlng Order.(The receipt of this order wlll be deemed to be the receipt of
notice in the case).
ORDER:
Learned counsel for the Petitioner submits that though She f-lled
certain documents by way of~filing memo, those documents were not
considered by the sessions Judge, Mahila Court, Vijayawada, (for short,
'the lSt Appellate Court'). I Additional Chief Metropolitan Magistrate,
vjjayawada, (for short, 'the trial Court') also without giving any
opportunity of counsels appearing for both sides, matter iS POSted for the
Judgment and Judgment -ls also pronounced depriving the OPPOrtunity tO
make submit arguments before the trial Court.
~
As seen from the Judgment passed in D.V.C.No.112 of 2018, the
Petitioner/wife is awarded compensation amount Of Rs.5,00,000/- to be
paid by the Respondents No.1 to 4.~
Considering the submissions made and upon perusal of the
grounds, this Court is inclined to pass the following Order:
(i) suspend the Judgineht passed by the trial C\ourt in D.V.C.No.112
of 2018 which was confirmed by the let Appellate Court in Crl.A. No.71 of
2023, subject to deposit of Rs.1,50,000/-before the I Additional Chief
Metropolitan 'Mag-[strate, Vijayawada within three (3) weeks from today.
(ii) ln default of payment of amount, as ordered supra, the interim
suspension granted today, shall stand cancelled automatically without
further reference to the Court.
Scj/- p. VINOD
ASSISTAin-fa
#TMRfRR
lSTRAR A
/ITRUE COPY// SECTION QFFIh-EB
ForASSISIAI`I.`_`.
To,
1. The sessions Judge Mahl'la court vl-J-ayawada, Krl'shna DI-Strict
2. The lSt Addl'tlonal chlef Metropolltan Maglstrate vlJayawada, Krlshna
Dl'strict
pattabhI Manasa, w/o ManoJ Kumar D/o Late sudheer Babu BalaJI
3.
Nagar Kr,|shnalanka vl-jayawada ( By RPAD)
4. one cc to SRI SREE DEVI KANTETI Advocate [opuc]
5- Two cos to PUBLIC PROSECUTOR, Hfgh court ofAndhra pradesh
[OuT]
6. One spare copy
PSR
. I,
`._I:-a
HIGH COURT
TMR,J
DATED..23/01 /2024
NOTE.I LIST THE MATTER AFTER FOUR (4) WEEKS
ORDER
IA No. 2 OF2d23
lN
CRLRC NO..1231 OF 2023
lNTERIM SUSPENSION
2024 #<t.,,i
