Andhra Pradesh High Court - Amravati
Smt. Cheemakurthi Mythili, vs State Of Andhra Pradesh, on 24 June, 2024
(SHOW CAUSE NOTICE BEFORE ADMISSION}
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV
MONDAY THE TWENTY FOURTH DAY OF JUNE |
TWO THOUSAND AND TWENTY FOUR .
PRESENT:
THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAG ~
CRIMINAL REVISION CASE NO: 803 OF 2024 ~
Setweean:
Smt. Cheemakurthi Mythill, Wo. Subbaraa, Aged- 47 years, Qec~ House Vile,
Rio, D.No. 3-16B-22B, Plot No. 95, Postal Colony, Kakinada, East Goclavari
District.
Petitioner/AnpellantAccused
AND .
1. State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of
Andhra Pradesh at Amaravatl,
Respondent
«. Tadimeti Subha, W/o. Jaganmohan, Agec- 52 years, Qec- House Wife,
Rio, 234-2-39, Panugantivari Street, RLR Peta, Eluru, West Godavari
District,
Respondent(Complainant
WHEREAS the Petitlonear above named through her Advocate
MS. PASALAPUDN SATYA HARITHA presented this Revision fled under
Sections 397 and 401 of Cr.P.C., praying that in the circumstances stated in
the affidavit fled in support of the Criminal Revision Case, aggrieved by fhe
Calendar and Judgment Of 21.03.2024 in Cri A No. 407 of 2018 on the file of
the court of the Learned Jucae, Family Court - Cur Vi Adefifional District and
Sessions Judge, West Godavari at Eluru in dismissing the appeal thereby
confirming the Calendar and Judgment df 64.10.2078 in Cat No. 24 of 2048
os
on the file of the court of Learned Special Judicial Magistrate of First Cias
(Excise }-curm- f¥ Additional Junior Civil Judge, Eluru
AND WHEREAS the High Court upon serusing {he petiian anc
memorandum of grounds Sled herein ancl upan hearing the arguments of Sri
PASALAPUD! SATYA HARITHA Advocate for Ihe Petitioner, ASSISTANT
PUBLIC PROSECUTOR for the Respondent No.1, diracted issue of notice to
the Respondent No.2 herein fo shaw cause as to why this CRIMINAL
REVISION CASE should not be admitted.
You sAz:
Tadimeti Subha, Wio. Jaganmohan, Aged- 52 years, Oco- House Wits,
Rig, $34-2-39, Panuganiivan Steel, R.R Peta, Eluru, West Godavari
Cystrict.
are be and hereby directed to show cause either appearing In person or
through an Advocate, as to why in the circumstances set out in the petiion
and the memorandum of grounds Hed therewifhicopy enclosed ) this
CRIMINAL PETITION should not be admitted with four weeks.
IA NO: 1 OF 2024
Felition under Section S87 OQ) of Cr P.O, is fled praying that in
the circumstances stated in the memorandum of grounds fled In support of
fhe petition, the High Court may be pleased to enlarge the pelitianer an ball
by suspending the conviction anc senience imposed by Calendar and
Judgment di. O4.10 2098 in C.C No. St of 2076 on the file of the court of
Leamed Snecial Judicial Magistrate of First (Nass (Excise)}-cum- A' Additional
Junior Civil Judge, Eluru as was confirmed by the Judgment DL 27.05. 2024 in
Crea No. 407 af 20718 on the Me of the court of the Learned Judge, Family
Court - Cum Vi Adoifienal District anc' Sessions Judge, West Godavari at
LAS
Eluru, pending dispasal of CRLAC No. AG of 2024. on the He of the High
The Court made the following order:
"Issue notice to respondent No.e.
Learned counsel for the petitioner is permitted fo Iake oul personal
notice fo respendent No.2 by Registered Post with Acknowledgment Due
and Hle proof of service before the registry.
Heard learned counsel for the petitioner and the learned Assistant
Public Prosecutor representing the respondent Na. l/state.
Leamed counsel for the petitioner contends that the appellate
Court has disposed of the matter without hearing the learned counsel for
the appellant.
in support of her contention, she placed reliance on the
observation made in paragraph No.10 of the iudgment in Criminal
Appeal No.407 of 2018, which reads as follows:
"During the hearing appeal both the appellant and respondent
ware called absent and there was no representation on either site.
So follawing the decision of the Hon'ble Supreme Court in Bani
Singh V.Siate of UP, the matter has been posted for judgment
after perusing the record."
if is brought to the notice of this Court, while passing judgment in
CriANo.407 of 2018, the appellate Court observed that "as the
anpellantiaccused is absent N.B.W. was issued against the
appellanvlaccused. Hence, the trial Court is directed' to secure her
presence and commil her to the prison to serve the sentence on her."
Considering the submissions made by the learned counsel for the
petitioner, this Court is inclined to suspend the N.B.W. issued by the
appellate Court against the petitioner, until further orders.
List the matter after four (4) weeks."
Ta,
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A.
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FTRUE COPY) SECTION OF Ftc SER
Additional Civ "thos (Juror Division} , Eluru
é The Judge, Family Court - Cum Vil Additional INstrief and Sessions
Judge, West Godavari af Fluru
Tadimeti Subha, Wo. Jaganmohan, Aged. 82 years, Oce- House Wife,
Rio. -- Panugantivar! Street, 8. Peta, Eluru, West Godavari
Distinct (by READ. along with a copy of pelition and memorandum of
grounds)
One CC io MS. PASALAPUDI SATYA HARITHA Advocate POPUCT
Twe GCs fo PUBLIC PROSECUTOR, Hi gh Court of A.PYOUT)
One spare copy
HEGH COURT
TMR,J
DATED 2e/O6/2024
MIST THE MATTER AFTER FOUR (4) WEEKS
NOTICE BEFORE ADMISSION
CRULRC.NG.803 of 2024
THRECTHON
