APHC010035802017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3560] THURSDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA CRIMINAL REVISION CASE NO: 515/2017 Between: 1. ELIKE RAMESH, KRISHNA DT & ANR.,, S/O. LAZARU, HINDU, AGED 28 YE RS, R/O. YANAMADALA VILLAGE, NUZVID MANDAL, KRISHNA DISTRICT, A.P. 2. ELIKE LAZARU, S/O. KRUPAVARAM, HINDU, AGED 60 YEARS, R/O. YANAMADALA VILLAGE, NUZVID MANDAL, KRISHNA DISTRICT, A.P. ...PETITIONER(S) AND 1. THE STATE OF AP REP PP, rep by its Public Prosecutor, High Court at Hyderabad. ...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 revise the Judgment dated 16-02-2017 in Crl. Appeal No:165 of 2015 on the file of Hon'ble XV Addl. District and Sessions Judge, Nuzvid, Krishna District confirming the Judgment dated 08-07-202 in CC No:49 of 2010 on the file of Hon'ble Judicial Magistrate of I Class, Nuzvid and allow the Revision Case by acquitting the petitioners/ Accused in C.C. No:49 of 2010 on the file of Hon'ble Judicial Magistrate of I Class, Nuzvid and pass such other Order or Orders may deem fit and proper in the circumstances of the case. -2- CRL.R.C. No.515 of 2017 IA NO: 1 OF 2017(CRLRCMP 838 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 suspend the Execution of the Sentence passed by Judgment dated 08-07-205- in CC No.49 of 2010 on the file of Hon'ble Judicial Magistrate/ of I Class, Nuzvid, as confirmed in Crl. Appeal No:165 of 2015 on the file of Hon'ble XV Addl. District and Sessions Judge, Nuzvid, Krishna District by Judgment dated 16-02-2017 and release the petitioners on bail pending disposal of the Crl. R.C. on the file of this Hon'ble Court and pass such other Order or Orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioners: 1. CH B R P SEKHAR Counsel for the Respondent: 1. PUBLIC PROSECUTOR (AP) The Court made the following: -3- CRL.R.C. No.515 of 2017 THE HON’BLE SRI JUSTICE SUBHENDU SAMANTA CRIMINAL REVISION CASE NO: 515 OF 2017 ORDER: 1. Inspite of the matter is being listed under the caption ‘for dismissal’, none appears on behalf of the petitioners. 2. Instant criminal revision case, under Sections 397 and 401 of the Code of Criminal Procedure, 1973, has been filed against the judgment dated 16.02.2017, passed by the XV Additional District & Sessions Judge, at Nuzvid, in Crl.A.No.165 of 2015, whereby learned Sessions Judge confirmed the judgment dt.08.07.2015 passed by the Judicial Magistrate of I Class, Nuzvid, in C.C. No.49 of 2010 and convicted and sentenced to undergo simple imprisonment for one year and to pay fine of Rs.1,000/- passed against A.1 and A.2 each under Section 325 read with 34 of I.P.C. and simple imprisonment for six months and fine of Rs.500/- passed against A.1 under section 509 of I.P.C. 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 the petitioners to undergo simple imprisonment for one year and to pay fine of Rs.1,000/- passed against A.1 and A.2 each under Section 325 read with 34 of I.P.C. and simple imprisonment for six months and fine of Rs.500/- passed against A.1 under section 509 of I.P.C. by fixing -4- CRL.R.C. No.515 of 2017 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 learned trail court, it appears that the trial court has specifically decided the grounds of the revision case 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. 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. ______________________ SUBHENDU SAMANTA, J Date: 30.04.2026 BV