Kasmoth Ravi, Medak Dt., vs State Of Ap., Rep. ,Pp., Thr Ps., ...
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Telangana High Court

Kasmoth Ravi, Medak Dt., vs State Of Ap., Rep. ,Pp., Thr Ps., ... on 29 February, 2024

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       THE HONOURABLE SRI JUSTICE E. V. VENUGOPAL

             CRIMINAL REVISION CASE No.964 OF 2013

O R D E R:

This Criminal Revision Case is filed aggrieved by the order

dated 23.11.2012 in C.C.No.416 of 2009 on the file of the learned

III Additional District and Sessions Judge, Medak at Sanga

Reddy, confirming the conviction and sentence by judgment

dated 30.04.2013.

2. No representation on behalf of the petitioner. Heard

Mr. Vizarath Ali, learned Assistant Public Prosecutor appearing

for the respondent State.

3. There was no representation on behalf of the petitioner on

27.02.2024. Even today also there is no representation on behalf

of the petitioner. Therefore, this Court is inclined to proceed with

the matter on merits of the case as per the decision of the Hon'ble

Apex Court in "Bani Singh and others Vs. State of Uttar Pradesh 1",

wherein it was categorically held that the High Court cannot

dismiss any appeal for non-prosecution simpliciter without

examining the merits.

(1996) 4 Supreme Court Cases 720

4. The brief facts of the case are that one Md.Jalalluddin

driver of RTC Medak Depot filed a complaint in police station,

Tekmal on 26.08.2009 stating that while he was on duty driving

bus bearing No. AP-11-Z-4026 from Medak to Bodmatpally village

and when he reached near Kadilabai Tanda at about 9.00 PM,

one person came on to the middle of the road and stopped the

bus, abused him in filthy language and tried to pull the door of

the driver seat and slapped him. The passengers in the bus and

the conductor intervened but he abused even them and on seeing

the Tanda people, the said person fled away from the scene. On

enquiry he came to know the name of accused as Kamsoth Ravi,

who is the petitioner herein.

5. Upon trial, the trial Court vide order dated 23.11.2012 in

C.C.No.416 of 2009 convicted the accused for the offences under

section 353, 323 and 504 of IPC and imposed fine of Rs.500/- for

each offence and, in default, to suffer simple imprisonment for

one month under each count. The learned III Additional District

and Sessions Court, (FTC) at Medak in Crl.Appeal No.54 of 2011

dated 30.04.2013 confirmed the judgment passed by the trial

Court.

6. A perusal of the record shows that this matter pertains to

the year 2013. On 29.05.2013, this Court suspended the

sentence imposed against the petitioner in C.C.No.416 of 2009

directing the trial Court to enlarge the petitioner on bail.

Thereafter, the case was posted only on 01.04.2021 and again on

27.02.2024. Since there was no representation on behalf of

petitioner, the same was posted under the caption 'for dismissal'

on 27.02.2024. Even today there is no representation on behalf of

the petitioner.

7. Upon careful consideration of the entire material available

on record, this Court does not see any reason to interfere with

the order passed by the learned trial Court as well as the first

appellate Court. Therefore, this Court is not inclined to entertain

the Revision case. However, the sentence of imprisonment

imposed on the petitioner by the Courts below is modified and

the said sentence is reduced to that of the period, which the

petitioner had already undergone. Except the said modification in

all other aspects this revision is dismissed.

8. Accordingly, the Criminal Revision Case is dismissed and

modified.

Miscellaneous Petitions, pending if any, shall stand closed.

_____________________ E.V. VENUGOPAL, J Date: 29.02.2024 BV