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2025 DAILYLAW 15424 (AP)

GOWLIKAR RAJESH v. THE STATE OF ANDHRA PRADESH

CRLP/4165/2025 · 2025-04-21

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4165 OF 2025 Between: Gowlikar Rajesh, S/o. Late G. Shankar Rao, Aged 52 years, Business, R/o. 15-2-35/1, Gowliguda Chaman Begum Bezar, Nampally, Hyderabad. ...PETITIONER/ACCUSED(S) AND 1. The State of Andhra Pradesh, rep. by itS Public Prosecutor, High Court At Amaravati. 2. Pallela Prabhakara Rao, S/o.Koteswara Rao, Aged 40 years, R/o.8-558/1, Bharhapeta, Mangalagiri Town, Guntru District. ...RESPONDENT/COMPLAINANTS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records relating to the order, dt.23-01-2025 in Crl.M.P.No.47/2025 in CRL.A.No. 15/2025 on the file of IV Additional Sessions Judge-Cum-Special Judge for Trial of Cases under Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989, Guntur and quash the same in so far as onerous conditions at paragraph-9 are concerned. I.A. No: 2 OF 2025 Petition under Section 528 of BNSS 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 Suspend the order, dt.23-01-2025 in CrI.M.P.No.47/2025 in CRL.A.No.15/2025 on the file of IV Additional Sessions Judge-Cum- Special Judge for Trial of Cases under Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989, Guntur in so far as imposing onerous conditions at paragraph-9 are concerned. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri G Venkata Reddy, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent. The Court made the following: ORDER t 1 HN, J Crl.P.No.4165_2025 APHC010197262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SEE [3457] MONDAY,THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4165/2025 Between: ...PETITIONER/ACCUSED Gowlikar Rajesh AND ...RESPONDENT/COMPLAINANT The State Of Andhra Pradesh Counsel for the Petitioner/accused: 1.G VENKATA REDDY Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 2 HN,J Crl.P.No.4165 2025 The Court made the following Order: The learned counsel for the petitioner submits that the petitioner is 1. aggrieved by the order passed by the IV Additional Sessions Judge-cum-Special Judge for the Trial of Cases under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Guntur. 2. The petitioner has filed Crl.A.No.15 of 2025 against the judgment in C.C.No.314 of 2021. The petitioner was found guilty for the offence under Section 138 of the Nl Act and was sentence to undergo simple imprisonment for a period of one year. The petitioner was further directed to pay compensation of Rs.5,00,000/- to the complainant within four months. The petitioner filed Crl.M.P.No.47 of 2025 seeking suspension of the sentence. The learned Sessions Judge, vide order dated 23.01.2025, suspended the sentence and imposed a condition of depositing 20% of the compensation awarded by the trial Court. The said deposit was to be made within a period of 90 days from the date of the order. A further condition to direct the petitioner to appear on each and every adjournment pending appeal was also imposed by the learned Sessions Judge. The learned counsel appearing for the petitioner submits that the condition of deposit of 20% of the compensation amount is onerous. That apart, a further condition requiring the petitioner to attend the Court on each and every adjournment pending appeal is equally onerous. It is also submitted that time 3. 3 Crl.P.No.4165 granted by the learned Sessions Judge for the deposit of the compensation amount has already passed. Considering the submissions and after hearing the learned Assistant 4. Public Prosecutor, this Court finds no grounds to interfere with the order passed by the Sessions Judge. However, considering the submissions of the learned counsel for the petitioner, the time granted for the deposit of 20% the compensation amount shall stand extended till the 15^^ of May. The further condition that the petitioner shall attend the appellate court on each and every adjournment will stand deleted from the order. With these observations, the Criminal Petition is disposed off. 5. As a sequel, pending miscellaneous petitions, if any, shrill stand closed. Sd/- U. SRIDEVI ASSISTANT registrar //TRUE COPY// •f SECTION OFFICER To, 1. The IV'Additional Sessions Judge-Cum-Special Judge for Trial of Cases under Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989: Guntur, Guntur District. 2. The Additional Judicial Magistrate of First Class-CUM-Additio nal Civil Judge; Mangalagiri, Guntur District. 3. One CC to Sri G.Venkata Reddy, Advocate [OPUC] 4. Two CC's to The Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] 5. Three CD Copies. SAM gl HIGH COURT SAM DATED:23/04/2025 ORDER CRLP.No.4165 of 2025 * 2 3 APR 2025 | ^ . Current Section . ^ DISPOSING OF THE CRLP