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High Court of Andhra Pradesh · body

2022 DAILYLAW 1722 (AP)

KATTULA SIVA v. THE STATE OF ANDHRA PRADESH

CRLP/966/2022 · 2026-06-22

Y Lakshmana Rao

body2022

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT HONOURABLE SRI JUSTICE K.SURESH REDDY I.A. NO.01 OF 2022 IN CRIMINAL PETITION NO. 966 OF 2022 Between; The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravathi. ...Petitioner/Respondent Kattula Siva, S/o.K.Venkatapati, aged about 58 years, R/o D.No. 7-3-7, Sikharamvari Veedhi, Bheemavaripalem, Bapatia, Guntur District. ...Respondent/Petitioner Petition under Section 482 of Cr.P.C. praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to post the Crl.P.No.966 of 2022 under the caption of "FOR BEING MENTIONED" for necessary Modification in the Order dated 23.02.2022. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Additional Public Prosecutor, on behalf of the Petitioner and of Ms.Jami Madhavi, Advocate for the Respondent. The Court made the following ORDER: The present application is filed by learned Public Prosecutor under the caption 'For being mentioned' seeking to recall the order dated 23.02.2022 passed by this Court in Criminal Petition No. 966 of 2022. #f Criminal Petition No. 966 of 2022 is filed by the respondent- accused No. 7 seeking to enlarge him on bail in the event of arrest in Crime No. 279 of 2021 of Chiraia Rural Police Station, Prakasam District, registered for the offences punishable under Sections 420, 386 and 467 read with Section 34 IPC and Section 5 of the Andhra Pradesh Protection of Depositors of Financial Establishment Act, 1999 (for short, 'the Act'). When the petition was taken up for hearing, learned counsel appearing for the respondent-accused No.7 submitted that all the offences are punishable with imprisonment of less than seven years and requested this Court to pass orders directing the police concerned to scrupulously follow the provisions of Section 41-A Cr.P.C. Acceding to the request of learned counsel appearing for the respondent-accused No. 7, this Court disposed of the criminal petition by order dated 23-02-2022 directing the investigating officer to follow the procedure contemplated under Section 41-A Cr.P.C. against the respondent-accused No. 7. : 2. Learned Additional Public Prosecutor submits that the offence under Section 5 of the Act is punishable with imprisonment for ten years and that the offence under Section 467 IPC is punishable with imprisonment for life and that therefore the order dated 23-02-2022 passed by this Court needs to be recalled which is also conceded by learned counsel appearing for the respondent-accused No. 7. 3. In the light of the above, the order dated 23-02-2022 passed by this Court in Criminal Petition No.966 of 2022 is hereby recalled and the criminal petition is restored to its file. 4. i The Registry is directed to post the criminal petition before appropriate Bench having roster to hear the subject matter. 5. SD/-SHAIK MOHD. RAFI ASSISTANT REGISTRAR S^iOfTOFFICER //TRUE COPY// To 1. The Additional Junior Civil Judge, Chirala, Prakasam District. 2. The Station House Officer, Chirala Rural Police Station, Prakasam District. 3. Two CCs to the Additional Public Prosecutor, High Court of Andhra Pradesh, Amaravathi [OUT] 4. One CC to Ms. Jami Madhavi, Advocate [OPUC] 5. The Section Officer, Posting Section, High Court of Andhra Pradesh 6. Three CD Copies TK sree HIGH COURT DATED:05/12/2024 Note: After dispatching the Order file may be sent to the Criminal Section for further Posting. ORDER I.A. No.1 of 2022 in CRLP.No.966 of 2022 c'? g 16 DEC 202'! ^ . Current Ssjction . RESTORED TO FILE