APHC010730582017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3560] FRIDAY, THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA CRIMINAL REVISION CASE NO: 1360/2017 Between: 1. GUVVALA VENKATESWARLU REDDY, SPSR NELLORE DT & ANR.,, S/O. TIRUPATHI REDDY, R/O. YARRABALLIPALEM VILLAGE, VINJAMUR MANDAL, SPSR NELLORE DISTRICT. 2. GUVVALA KRISHNA REDDY, S/O. VENKAT REDDY, R/O. YARRABALLIPALEM VILLAGE, VINJAMUR MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH REP PP, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT AT HYDERABAD, THROUGH SHO, IV TOWN PS., NELLORE. ...RESPONDENT Revision filed under Section 397/401 of Cr.P.C. praying that in the circumstances stated in the affidavit filed in support of the Criminal Revision Case, the High Court may be pleased to present this Memorandum of Criminal Revision Case aggrieved by the Judgment in Crl.A.No.299 of 2014 passed by the IV Addl. District & Sessions Judge, Nellore, dated 15-05-2017, confirming the conviction and sentences imposed on the petitioners by the V Addl. Junior Civil Judge, Nellore, in C.C.No.644 of 2013, dated 19-12-2014, on being charged for the offences punishable u/s.325 & 506 IPC against Petitioner No.1, Sec. 323 and 506 of IPC against petitioner No.2, where after trial , they were found guilty for the offences punishable u/s. 325 of IPC and 323 1PC, -2- Crl.R.C. No.1360 of 2017 respectively, however, acquitting them for the offence u/s.506 IPC. The petitioner No.1 was sentenced to undergo rigorous imprisonment for a period of one year as well to pay a fine of Rs. 5,000/-, in default, to suffer simple imprisonment for a period of three months, and it was further ordered u/s. 357 Cr.P.0 to pay to the Defacto Complainant (PW1) Rs. 4,500/- out of the fine amount. Whereas, petitioner No.2 was sentenced to undergo rigorous imprisonment for a period of six months and as well to pay a fine of Rs. 2,000/-, in default, to undergo simple imprisonment for a period of two months. Out of the fine amount, it was directed to pay Rs. 1,500/- to De-facto Complainant (PW1), for the offence u/s. 323 IPC, on the following among other grounds. IA NO: 1 OF 2017(CRLRCMP 2197 OF 2017 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to release the petitioners on bail by suspending the judgment passed in CrI.A.No.299 of 2014 dated 15-05-2017 on the file of the Court of IV Addl. District & Sessions Judge, Nellore confirmed by the Judgment passed in CC.No.644 of 2013 dated 19-12-2014 on the file of the court of V Addl. Junior Civil Judge, Nellore pending disposal of the Criminal Revision Case and pass necessary orders in the interest of justice. IA NO: 2 OF 2017(CRLRCMP 15704 OF 2017 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Counsel for the Petitioner(S): 1. S M RAFEE Counsel for the Respondent: 1. PUBLIC PROSECUTOR (AP) The Court made the following: -3- Crl.R.C. No.1360 of 2017 THE HON’BLE SRI JUSTICE SUBHENDU SAMANTA CRIMINAL REVISION CASE NO: 1360 OF 2017 ORDER: 1. Inspite of the matter is being listed under the caption 8for dismissal9, none appears on behalf of the Petitioner. 2. The instant criminal revision case, under Sections 397 and 401 of the Code of Criminal Procedure, 1973, has been filed against the judgment dated 15.05.2017, passed by the IV Additional District & Sessions Judge, Nellore, in Crl.A.No.299 of 2014, whereby the learned Sessions Judge confirmed the judgment dt.19.12.2014 passed by the V Additional Junior Civil Judge, Nellore in C.C.No.644 of 2013 for the offence punishable under Section 325 IPC against A1 and for the offence punishable under Section 323 IPC against A2 and petitioner No.1/A1 was convicted and sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.5,000/- (Rupees Five Thousand Only) and in default to undergo simple imprisonment for a period of three months for the offence under Section 325 IPC, and petitioner No.2/A2 was convicted and sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.2,000/- (Rupees Two Thousand Only) and in default to undergo simple imprisonment for a period of two months for the offence under Section 323 IPC. -4- Crl.R.C. No.1360 of 2017 3. I have perused the order passed by the learned trial court. 4. On careful observation of the findings, it appears that learned trial Court has convicted and sentenced petitioner No.1/A1 to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.5,000/- (Rupees Five Thousand Only) and in default to undergo simple imprisonment for a period of three months for the offence under Section 325 IPC and convicted and sentenced petitioner No.2/A2 to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.2,000/- (Rupees Two Thousand Only) and in default to undergo simple imprisonment for a period of two months for the offence under Section 323 IPC by fixing several points for determination. The order of conviction and sentence has also mentioned the evidentiary value of the witnesses in detail and the documents placed by the parties has also been scanned. 5. On a careful perusal of the observation of the learned trial court, it appears that the trial court has specifically decided the grounds of petition as mentioned by the petitioners, he has also decided on the point for determination. I find no illegality and impropriety in the order itself. 6. Considering the same, I find no justification to interfere with the order of conviction and sentence passed by the learned trial court. -5- Crl.R.C. No.1360 of 2017 7. Under the above observation, the instant criminal revision case is dismissed as devoid of merit. The order of suspension of sentence passed by this Court during pendency of the instant criminal revision case is hereby revoked. Since the petitioners are not present before this Court, let a copy of this order be served upon the learned trial Court for ready reference. 8. As a sequel, miscellaneous applications pending, if any, shall stand closed. ____________________________ JUSTICE SUBHENDU SAMANTA Date:10.04.2026 Pmk -6- Crl.R.C. No.1360 of 2017 236 THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA CRIMINAL REVISION CASE NO.1360 of 2017 Date: 10.04.2026 Pmk