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2025 DAILYLAW 25373 (AP)

Eedhara Ramesh Kumar v. Polina Seetharamayya

CRLRC/765/2025 · 2025-08-18

Y Lakshmana Rao

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010358182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE ’O PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 765 OF 2025 Between: Eedhara Ramesh Kumar, S/o.Sarweswara Rao, aged about 52 years Cultivation, R/o.Madiki Village, Alamuru Mandal, East Godavari District. ...PETITIONER (PETITIONER/APPELLANT) AND 1. Polina Seetharamayya, S/o.Surya Rao, aged about 62 R/o.Mulakallanka Village, Seethanagaram Mandal, East Godavari District. years. ...RESPONDENT N0.1 (RESPONDENT/RESPONDENT) 2. State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court Buildings, Amaravati. ...RESPONDENT N0.2 Revision filed under Sections 438 and 442 of BNSS, 2023 praying that in the circumstances stated in the affidavit filed in support of the Criminal Revision Case, the High Court may be pleased to call for records relating to the Order passed in Crl.M.P.No.391 of 2025 in Criminal Appeal No.185 of 2025 on the file of Judge, Family Court-cum-IX Additional District and it • Sessions Judge, East Godavari District at Rajamahendravaram and set aside to the extent of Imposing condition on the petitioner to deposit 20% of the compensation amount of Rs. 15,00,000/- within two months. lA NO: 1 OF 2a7Fi Petition filed under Section 528 of BNSS/Section 482 of Cr.PC praying ^ 4hat in the circumstances stated in the affidavit fiied in support of the petition, the High Court may be pleased to suspend the Order Crl.M.P.No.391 of 2025 in Criminal Appeal No. 185 of 2025 Judge, Family Court-cum-IX Additional District passed in on the file of and Sessions Judge, East Godavari District, at Rajamahendravaram, to the extent of imposing condition on the petitioner to deposit of 20% of the compensation amount of pending disposal of the above Criminal Rs. 15,00,000/- within two months Revision Case. Counsel for the Petitioner : SRI BOLLA VENKATA Counsel for the Respondent No.1 : NONE APPEARED Counsel for the Respondent No.2 : The Court made the following ORDER ; RAMA RAO ASSISTANT PUBLIC PROSECUTOR APHC010358182025 COURT OF ANDHRA F'RADESH AT AMARAVATI (Special Original Jurisdiction) IN THE HIGH [3521] TUESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHI\jlANA RAO CRIMINAL REVISION CASE NO: 765/2025 Between: EEDHARA RAMESH KUMAR, S/O.SARWESWARA f^AO, AGED ABOUT 52 YEARS. CULTIVATION, R/O.MADIKI VILLAGE a|_AMURU MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER AND 1. POLINA SEETHARAMAYYA, S/O.SURYA RAO, AGED ABOUT 62 R/O.MULAKALLANKA VILLAGE, pEETHANAGARAM YEARS MANDAL, EAST GODAVARI DISTRICT. 2.STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR HIGH COURT BUILDINGS, AMARAVATI. .!.RESPONDENT(S): Counsel for the Petitioner: 1. BOLLA VENKATA RAMA RAO Counsel for the Respondent(S): 1.PUBLIC PROSECUTOR The Court made the following: 2 CRIMINAL REVISION CASE NO: 765/2025 ORDER: Notice on Respondent No.1 was served and proof to that effect also filed by way of a memo. was 2. No representation for the Respondent No.1. 3. Heard the learned Counsel for the Petitioner and the learned Assistant Public Prosecutor. 4. The learned Judge, Family Court-cum-IX Additional District and Sessions Judge, East Godavari at Rajamahendravaram 12.06.2025 in CrI.M.P.No.391/2025 vide order dated in CrI.A.No. 185/2025 while suspending the sentence of imprisonment imposed by the learned Principal Civil Judge (Junior Division)' Rajamahendravaram directed to deposit 20% of the Judicial Magistrate of First Class, cum compensation amount within two months from the date of the order. 5. Learned Counsel for the Petitioner submits that the Petitioner’s financial condition is not in a position to pay 20% of the compensation amount. The Petitioner is doing cultivation; he is aged about 52 years. The 20% compensation ordered by the learned Appellate Court is highly exorbitant to the financial condition of the Petitioner. If 10% is ordered, the Petitioner would be in a position to pay the amount. 6. Considering the facts and circumstances of the case, the order dated 12.06.2025 in Crl.M.P.No.391/2025 in CrI.A.No. 185/2025 is modified. The 3 Petitioner is directed to deposit 10% of the compensation amount within a period of four weeks from today. 7. Accordingly, the Criminal Revision Case is disposed of. No order as to costs. As a sequel, interlocutory applications, if any pending, shall stand closed. SD/- V.DIWAKAR DEPUTY REGISTRAR^ //TRUE COPY// SECTION OFFICER To, 1. The Judge, Family Court-cum-IX Additional District and Sessions Judge, East Godavari at Rajamahendravaram. (With records if any) The Principal Civil Judge (Junior Division)-cum-Judicial Magistrate of First Class, Rajamahendravaram. The Chief Judicial Magistrate, Rajamahendravaram. One CC to Sri Bolla Venkata Rama Rao Advocate [OPUC] Two CC's to the Public Prosecutor, Fligh Court of Andhra Pradesh at Amaravati [OUT] The Section Officer, Criminal Section, High Court of Andhra Pradesh at Amaravati. Two CD Copies BSV 2. 3. 4. 5. 6. 7. TAC HIGH COURT DATED:19/08/2025 ORDER CRLRC NO. 765 OF 2025 I 11 AUG 20?5 ^ . Current Section . m .09 DISPOSING OF THE CRIMINAL REVISION CASE WITHOUT COSTS