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2025 DAILYLAW 15491 (AP)

M/s. Mahalakshmi Foods, v. M/s. B.K.L.Traders,

CRLRC/469/2010 · 2025-07-30

T Mallikarjuna Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010198152010 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] THURSDAY,THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T. MALLIKARJUNA RAO CRIMINAL REVISION CASE NO: 469/2010 Between: 1. M/S. MAHALAKSHMI FOODS,, REP. BY ITS MANAGING DIRECTOR, C.RAYAN BABU, S/O NARASIMHA RAO, R/O 84/31, D BLOCK, IDA, AUTONAGAR, VISAKHAPATNAM. ...PETITIONER AND 1. M/S B K L TRADERS, REP. BY ITS PROPRIETOR, B.SUBBA LAKSHMI, W/O B.VENKATESWARLU, R/O B.C.ROAD, GAJUWAKA, VISAKHAPATNAM. 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, HYDERABAD. ...RESPONDENT(S): Revision filed under Section 397/401 of CrPC praying that in the circumstances stated in the affidavit filed in support of the CriminalRevisionCase, the High Court may be pleased toto set-aside the conviction and sentence imposed on 04.12.07 made in C.C.No.383 of 2003 of III Addl. Chief Metropolitan Magistrate, Visakhapatnam at Gajuwaka as confirmed by the Metropolitan Sessions Judge-cum-I Addl. Dist. & Sessions Judge, Visakhapatnam in Crl.A.No.167/2007, dated 04.03.10 by allowing the above Crl.R.C. IA NO: 1 OF 2010(CRLRCMP 686 OF 2010 2 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 operation of the sentence made by the learned III Addl. Chief Metropolitan Magistrate, Visakhapatnam 04.12.07 made in C.C.No.383 of 2003 of as confirmed by the Metropolitan Sessions Judge-cum-I Addl. Dist. & Sessions Judge, Visakhapatnam in Crl.A.No.167/2007, dated 04.03.10 and release the petitioner on bail, pending disposal of the Crl.R.C. Counsel for the Petitioner: 1. V V N NARASIMHAM Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR The Court made the following: O R D E R 1. This Criminal Revision Case has been filed under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for short, ‘the Cr.P.C.’) against the Judgment dated 04.03.2010 passed in Crl.A.No.167 of 2007 on the file of learned Metropolitan Sessions Judge-cum-I Additional District and Sessions Judge, Visakhapatnam, confirming the Judgment dated 04.12.2007 passed in C.C.No.383 of 2003 on the file of the learned III Additional Chief Metropolitan Magistrate, Visakhapatnam. 2. It is brought to the notice of this Court that, in a similar matter, orders were passed on 24.03.2025 in Crl.R.C. No. 470 of 2010 and requested this Court to pass a similar order in the present case. 3. Heard learned counsel for the petitioner and perused the order passed in Crl.R.C.No.470 of 2010. 4. The Secretary, District Legal Services Authority, Visakhaptnam, submitted a letter dated 11.07.2025 of which Para No.2 reads as under: “It is further humbly submitted that this Authority issued notice vide 4th reference cited to the Respondent No.1/B.K.L. Traders prop. B. Subba Lakshmi through registered post with acknowledgment vide in Dis.No.1569 dated 01.07.2025 to attend before this authority on 11.07.2025 to record her statement 3 about the settlement of the case if any before the Lok Adalat or outside of the Court. On 11.07.2025 the husband of Respondent No.1 appeared before this Authority, he submitted a letter of B. Subba Lakshmi vide 5th reference cited, stating that she is bedridden and unable to attend this authority and also stated that Mahalaxmi foods, Autonagar prop. C. Rayan Babu was already expired in Rajahmundry and also consult the municipal office, but they did not given proper response for the death certificate and also stated that she compromised with C.Rayan Babu outside court and she received the amount in the above case and also pay the Hon’ble Court the Crl.R.C.No.469/2010 may be dismissed.” 5. Sri V.V.N. Narasimham, learned counsel for the petitioner/accused also submits that the matter was settled out of Court and a compromise was arrived at in between the parties. 6. In view of the submission of learned counsel for the petitioner/accused and on consideration of the report of the Secretary, District Legal Services Authority-cum-Civil Judge (Visakhapatnam), this Criminal Revision Case is disposed of as compromised in between the petitioner and the 1st respondent. 7. As a result, the matter is compromised under Section 320(6) of the Cr.P.C. and the petitioner/accused is acquitted under Section 320(8) of the Cr.P.C. Accordingly, the Criminal Revision Case is disposed of. Miscellaneous applications pending, if any, shall stand closed. Interim orders granted earlier, if any, shall stand vacated. ____________________________ JUSTICE T. MALLIKARJUNA RAO Date: 31.07.2025 MS 4 THE HON’BLE SRI JUSTICE T. MALLIKARJUNA RAO CRIMINAL REVISION CASE No.469 of 2010 Date: 31.07.2025 MS