Andhra Pradesh High Court - Amravati
Sk.Mahammad vs The State Of A.P. Another on 13 November, 2024
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IN THE HIGH COURT-QF ANDHRA PRADESH AT AMARAVATI
WEDNESDAY, THE THIRTEENTH DAY OF NOVEMBER,
TWO THOUSAND AND TWENTY FOUR
.-PRESENT:
THE HONOURABLE SRI JUSTICE V SRINIVAS
CRIMINAL REVISION CASE NO: 1501 OF 2009
Betwee n :
sk.Mahammad, s/o yakub, aged 43 years, occ.-clerk, R/o Collector
Compound, Guntur, Guntur District
PetI'tiOner/
Appellant/Accused
AND
1. The State ofA.P., Rep. by the public prosecutor, HI-gh Court ofA.P.,
Amaravatj.
2, V.Tl'rumala Kumar, s/o Narasimha Rao, Aged about 42 years, R/o
D.No.5-51-63, 5/15, Brodjpet, Guntur, Guntur Dl'strict
Respondents
Revision filed under sections 397 & 401 of Cr.P.C., prayI-ng that in the
circumstances stated I'n the memo of grounds filed in support of the criml-nal
Revisl-on case, the Hllgh Court may be pleased to allow the revl'sion case by
setting-aside the Judgment dated o5.08.09 I-n CrI.A.No.320 of 2007 on the file
of the v Addl. sessl'ons Judge, (FTC), Guntur by confirming the Judgment of
the vAddl. Munsif Magistrate, Guntur in c.c.No.468/2006, dated 21.09.07.
lA NO.. 2
(CRL.RC,MP.No.2078 of2009)
petl-lion under section 397 (1) of cr.p.c., praying that jn the
circumstances stated in the memo of grounds filed in support of the petl-lion,
the High court may be pleased to enlarge the petI'tjOner herein on ba" by
suspending the sentence imposed in the Judgment dated o5.08.09 in
crl.A.No.320 of 2007 on the file of the v Addl. SessI-OnS Judge, (FTC), Guntur,
confirming the Judgment of the v AddI. Munsif Magl'strate, Guntur in
c.c.No.468/2006, dated 21.09.07, Pending disposal of CRLRC 1501 of 2009,
I.
on the file of the High Court.
The petition coming on for hearing, upon perusing the Petition and the
memo of grounds filed in support thereof and the earlier order of the High
Court dated 26.04.2024, 05.07.2024 & 16.07.2024 made herein and
dt.19.07.2024 made in I.A.No.1 of 2024 in CrI.R.C.No.1501 of 2009 and upon
hearing the arguments of sri M.K.Raj Kumar, counsel for the petitioner, Public
Prosecutor for the respondent No.1 and of Sri K.Narsi Reddy, Advocate for
the respondent No.2, the Court made the following
ORDER
'fln this matter, Sri M.K.Raj Kumar, learned counsel appeared for
the petitioner.
Earlier, the learned counsel submitted that the petitioner/accused
is not turning up to the Court nor' contacting him despite efforts to locate
him and the same was informed to this Court.
This Court initially issued Bailable Warrant against the
petitioner/accused. Subsequently on filing of I.A.No.1 of 2024 by the
learned counsel for the petitioner/accused, the warrant issued against
the petitioner/accused, on 19.07.2024 was recalled. Considering the
presence of the petitioner/accused, subject to the petitioner execution of
a personal bond for a sum of Rs.10,000/-with two sureties for a like sum
each, to the satisfaction of the Registrar (Judicial) by the petitioner.
Later, it is informed that the petitioner/accused was intended to
settle the matter and requested time to secure the presence of
complainant. However, the petitioner again failed to attend the Court
and also failed to contact the learned counsel, which rendered him
helpless in prosecuting the matter.
g/, ,
From I.A.No.1 of 2o24, I-t l's found that the petl-tjoner/accused was
resl-dI-ng at Narsaraopet, palnadu DI-Strict and working as senI-Or
AssI-Slant I-n the Agrl-cultural Department at Narsaraopet-
Hence, I-ssue Nob-Bailable Warrant agal-Pst the petjtI.Oner/accused.
The superintendent of police, palnadu DI-Strict, iS directed to take
necessary steps for executI-On of warrant.
Ll-st the matter on 26.ll.2024.
Registry js dl-rected to send a copy of this order to the
superI-ntendent of police, palnadu DistrI-Ct."
Sd/-E.KAMESWAR RAO
JOINT REGISTRAR
/ITRUE COPY//
C/L.-`.
To,
SECTION OFFICER
1. The Regf-strar (Judl-cl-al), H[-gh court ofAndhra pradesh at
AmaravatI-
2. The superintendent of police, palnadu DistrI'Ct (BY SPEED POST)
3. The v Addl-tl-opal Munsjf Magl.strafe, Guntur(BY SPEED POST)
4. The vAddl. sessions Judge, (FTC), Guntur (BY SPEED POST)
5. Sk.Mahammad @ sk. Mohammad Khasl'm, s/o yakub, Aged about
57 years, occ.|senl'or Assistant, R/o Flat No.402, Venkateswara
Apartment, srim-vasa Nagar, Narasaraopet, pa'nadu D,'str,-ct
Ersthwjle Guntur DI'Strl'ct (by RPAD)
6. one cc to srI' M K Raj KumarAdvocate [opuc]
7. one cc to srI- K Narsl' Reddy Advocate [opuc]
8. Two ccs to public prosecutor, HIgh Court ofAP, Amaravatl-[ouT]
9. The sectl'on officer, cr,-ml'nal section, Hl'gh Court ofAndhra pradesh
10. onesparecopy
CVSS
HIGH COURT
VS,J
DATED:13.ll.2024
LIST THE MATTER ON 26.ll.2024.
ORDER
ORDER OF NON-BAILABLE WARRANT
iE!E=_
lN THE HIGH COURT OF ANDHRA PRADESH AT AMAR
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WEDNESDAY, THE THIRTEENTH DAY OF NOVEMBE
TWO THOUSAND AND TWENTY FOUR
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:PRESENT: -J
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HONOURABLE SRI JUSTICE V SRINIVAS \\/€ |,^,Y-
CRIMINAL REVISION CASE NO: 1501 OF 2009
Between :
Sk.Mahammad, S/o Yakub, aged 43 years, Occ:Clerk, R/o Collector
Compound, Guntur, Guntur District
...Petitioner/Appellant/Accused
AND
1. The State of A.P., Rep. by the Public Prosecutor, High Court ofA.P.,
Amaravati.
2. V.Tirumala Kumar, S/o Narasimha Rao, Aged about 42 years, R/o
D.No.5-51-63, 5/15, Brodipet, Guntur, Guntur District
...Respondents
Whereas the revision filed under Sections 397 & 401 of Cr.P.C., praying
that in the circumstances stated in the memo of grounds filed in support of the
Criminal Revision Case, the High Court may be pleased to allow the revision
case by setting-aside the Judgment dated 05.08.09 in Crl.A.No.320 of 2007
on the file of the V Addl. Sessions Judge, (FTC), Guntur by confirming the
Judgment of the V AddI. Munsif Magistrate, Guntur in C.c.No.468/2006, dated
21.09.07.
And Whereas the petition coming on for hearing, upon perusing the
Petition and the memo of grounds filed in support thereof and the earlier
order of the High Court dated 26.04.2024, 05.07.2024 & 16.07.2024 made
herein and dt.19.07.2024 made I-n I.A.No.1 of 2024 in Crl.R.C.No.1501 of
2009 and upon hearing the arguments of sri M.K.Raj Kumar, counsel for the
petitioner, Public Prosecutor for the respondent No.1 and of Sri K.Narsi
Reddy, Advocate for the respondent
i No.2, the Court directed the Registry to
issue Non-Bailable Warrant against the petitioner/accused.
Therefore, you viz:
The Superintendent of Police, Palnadu District
are hereby directed to arrest the said petitioner/accuse viz; Sk.Mahammad,
s/o yakub, occ:clerk, R/o Collector Compound, Guntur, Guntur District
(presently residing at Narasaraopet, Palnadu District, Occ:Senior Assistant in
the Agricultural Department at Narasaraopet), wherever he iS found and
produce him bodily under safe custody and conduct before this Court on
26.ll.2024 at 10:30 A.M., to wh'lch date the case stands posted,
you are also further directed to return this warrant as early as possible
preferably on or before 26.ll.2024 to this Court with a detailed report Stating
the manner in which it has been executed.
Herein fa®ll not.
I REGISTRA
To,
1. The Registrar (Judicial), High Court of Andhra Pradesh at
Amaravati
2. The Superintendent of Police, Palnadu District (BY SPEED POST)
3. One spare copy
CVSS
I/
HIGH COURT
VS,J
DATED:13.ll.2024
LIST THE MATTER ON 26.ll.2024.
ORDER
CRLRC.No.15Ol of 2009
(I
NON-BAILABLE WARRANT
_*.
I.I.
