APHC010291092025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY,THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL PETITION NO: 7934 OF 2025 Between: S Manjunadha Reddy, son of Nagaraju Reddy, aged about 33 years, Mittapalli Village, Alapalli Panchayat, Baireddipally Mandal, Chittoor District ...Petitioner AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of A.P, Amaravati, through Chief Administrative Officer, Office of Special Judge for Trial of SPE and ACB cases, Tirupati Range, Tirupati ...Respondent Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to consider the case of the petitioner by set aside the order in application vide CRL.M.P.NO. 862 OF 2025 (presented rejecting the 02.06.2025) vide C.F.No. 1119 of 2025 of 2025 submitted beyond the time as granted by the trail court for suspension of the sentence till 06.06.2025 in C.C.No.528 of 2018 on the file of II Additional Judicial Magistrate of First Class, Nellore dated 09.05.2025 and consequently grant two weeks time to reconsider the Appellate District Court. lA NO: 3 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased to suspend the sentence in C.C.No.528 of 2018 on the file of II Additional Judicial Magistrate of First Class, Nellore dated 09.05.2025, till the appellate court is considered the same pending disposal of the above said quash petition. Counsel for the Petitioner: Sri V Surendra Reddy Counsel for the Respondent: Sri S.Syam Sunder Rao Standing Counsel cum Special Public Prosecutor for ACB The Court made the following order: 1 APHC010291092025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL PETITION NO: 7934/2025 [3368] Between: 1.S MANJUNADHA REDDY, SON OF NAGARAJU REDDY, ABOUT 33 YEARS, MITTAPALLI VILLAGE, ALAPALLI BAIREDDIPALLY MCMDAL, CHITTOOR DISTRICT AGED PANCHAYAT, ...PETiTIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, High Court of A.P, Amaravati, through Chief Administrative Office of Special Judge for Trial of SPE Range, Tirupati Officer, and ACB cases, Tirupati ...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to consider the- case of the petitioner by set aside the order in rejecting the application vide CRL.M.P.NO 862 OF 2025 (presented 02.06.2025) vide C.F.No . . 1119 of 2025 of 2025 submitted beyond the time as granted by the trail court for suspension of the sentence till 06.06.2025 in C.C.No.528 of 2018 on the file of II Additional Judicial Magistrate of First Class, Nellore dated 09.05.2025 and consequently grant two weeks time to reconsider the Appellate District 3nd pass such Court IANO: 1 OF 2026 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased may be pleased to condone the delay 27days in representing the CRL.P.SR.7491 of 2025 pending disposal of the above said quash petition and pass such lA NO: 2 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition High Court may be pleased may be pleased to dispense with the filing of the original copy of CRL.M.P.NO. 862 OF 2025 (presented on 02.06.2025) vide C.F.No. 1119 of 2025 of 2025 is not issued by the Honble District Court photo copy of the application is filed) and pass such , the lA NO: 3 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition High Court may be pleased may be pleased to suspend the sentence in C.C.No.528 of 2018 on the file of II Additional Judicial Magistrate of First Class, Nellore dated 09.05.2025, till the appellate the court is considered the same pending disposal of the above said quash petition and pass such Counsel for the Petitioner/accused: 1.VSURENDRA REDDY Counsel for the Respondent/complainant: 1.S.SYAM SUNDER RAO SC cum Spl P.P. For ACB The Court made the following: THE HONOURABLE SRI JUSTICE B V L CRIMINAL PETITION No: 7934/2Q2fi N CHAKRAVARTHI ORDER: This Criminal Petition is filed by the petitioner/Accused under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), to set aside the order in rejecting the application vide Crl.M.P.No.862 of 2025 (presented on 02.06.2025) vide C.F.No.1119 of 2025 as submitted beyond the time as granted by the Trial Court for suspension of sentence till 06.06.2025 in C.C.No.528 of 2018 on the file of learned II Additional Judicial Magistrate of First Class, Nellore dated 09.05.2025. 2. Heard Sri V.Surendra Reddy, learned counsel for the petitioner and Sri S.Syam Sunder Rao, learned Standing Counsel-cum-Special Public Prosecutor for ACB for the respondent. 3. The grievance of the petitioner is that the learned Magistrate vide Order dated 09.05.2025 sentenced the petitioner to suffer simple imprisonment for a period of six (6) months for the offence under Section 193 of IPC and also to pay a fine of Rs.500/- (Rupees Five Hundred only), in default of payment of fine, to suffer simple imprisonment for a period of one (1) month. The petitioner paid the fine amount for the sentence ordered and then the learned Magistrate released the petitioner on bail under Section 389(3) of Cr.P.C. corresponding to Section 430(3) of BNSS., to enable him to file before the Sessions Court. Later, the petitioner/accused filed an appeal an appeal on 02.06.2025 vide C.F.No. 1119 of 2025 and also filed an application under Section 389 (1) of Cr.P.C., vide Crl.M.P.No.862 of 2025 seeking suspension of sentence, pending appeal. But, the appeal not listed for hearing till 09.06.2025 before the learned Appellate Court. On the date of hearing, learned Appellate Court rejected the application for suspense of sentence the ground that it was filed beyond thirty (30) days from the date of judgment of the learned trial Court. Consequently, the learned Trial Court issued Non-bailable Warrant on 06.06.2025 against the petitioner/convic t failed to gef the sentence suspended by the Appellate Court. on as he 4. Learned counsel for the petitioner would submit that challenging the / order of the learned Appellate Court in Crl.M.P.No.862 of 2025, the present application is filed U/s.482 Cr.P.C. He would submit that the learned Sessions Court erred in rejecting the application, though appeal is filed within the period of limitation. The Appellate Court ought to have considered the application merits. Therefore, the order of the Appellate Court is not sustainable in law, and requires interference of this Court. Till then, the warrant issued by the learned Magistrate may be kept in abeyance. on 5. The record would disclose that the learned Magistrate rendered the judgment on 09.05.2025. The appeal was filed on 02.06.2025 before th.e Appellate Court. In those circumstances, the appeal is within the period of Hence, the Appellate Court ought to have considered application filed for suspense of sentence on merits, but the learned Appellate Court dismissed the application with an erroneous observation that the limitation. the appeal 5 is not filed within 30 days. Hence, the order of the learned Appellate Court is liable to be set aside, with a direction to consider the application i.e., Crl.M.P.No.862 of 2025 afresh and dispose of the same on merits, after hearing both sides, in accordance with law in ten (10) days from the date of receipt of copy of this Order. Till then, the Non-bailable Warrant issued by the learned Magistrate is suspended. 6. Accordingly, the Criminal Petition is disposed of. As a sequel, interlocutory applications pending, if any, shall stand • : > closed. Sd/-SHAIK WIOHD. RAFl assistant REG^RAR OFFICER //true copy// To, Nellore, SPSR Magistrate of First Class 1. The II Additional Judicial Nellore District 2. The Sessions Judge, Nellore 3. OneCCto Sri.V 4. One CC to Sri. S.Syam Public Prosecutor for ACB [OPUC] SPSR Nellore District Surendra Reddy Advocate [OPUC] Sunder Rao Standing Counsel cum Special 5. Two CD Copies Stu vna high court DATED:30/07/2025 ORDER CRLP NO. 7934 OF 2025 DISPOSING OF THE CRIMINAL petition