Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 30079 (AP)

T. ANURADHA, v. THE STATE OF AP REP BY ITS PP HYD., & ANOTHER,

CRLRC/1780/2007 · 2025-02-04

Y Lakshmana Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI TUESDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO LA Nos. 1 of 2025 & 2 of 2024 in CRIMINAL REVISION CASE NO: 1780 OF 2007 Revision filed under Sections 397 & 401 of Cr.P.C, aggrieved by the Judgment in CrI.A.No. 164 of 2006, dt. 18-12-2007 on the file of the Court of the I Addl. Dist. & Sessions Judge, Eluru, West Godavari District, in confirming the Judgment in CC.No. 85 of 2006, dt. 29-08-2006 on the file of the Court of the Special Judicial Magistrate of First Class (Excise) Eluru, West Godavari District. Between: T. Anuradha, W/o K. Venkateswara Rao, Hindu, aged 42 years, Occ: Record Assistant in Sri Durga Malleswara Swamy Temple, Indrakeeladri, Vijayawada, Krishna District. ...Petitioner AND The State of AP, rep. by its Public Prosecutor, High Court of A.P., at Amaravathi 1. 2. Samanthula Lakshmana Rao, S/o Late Ramulu (Died) Samanthula Rajeswara Rao, S/o Late Samanthula Lakshmana Rao, Aged not known, Occ: not known, R/o D.No. 16B-16-33/3, Titus Nagar, 29**^ Division, Eluru, West Godavari District 3. ...Respondents Respondent No.3 is impleaded as per the Court Order dated 04.02.2025 in I.A No.2 of 2024 in CrI.RC No. 1780 of 2007 lA NO: 2 OF 2024 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 permit the petitioner to implead the proposed respondent no.3 as 3'^'^ respondent in Crl.R.C.No.1780 of 2007 pending disposal of the above CrI.R.C. lA NO: 1 OF 2025 Petition under Section 320(2) r/w 482 of Cr.P.C r/w 147 of Cr.P.C praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit to compound the offence in C.C.No. 85 of 2006 on the file of the court of special'Judicial Magistrate of I class (Excise) Eluru, West Godavari District, Dt. 29-08-2006 as confirmed in CrI.A.No. 164 of 2006 on the file of the court of the I Additional District and Sessions Judge, Eluru, West Godavari, Dt. 29-08- 2006 and allow the criminal revision. Counsel for the Petitioner: SRI TURAGA SAI SURYA Counsel for the Respondents: PUBLIC PROSECUTOR The Court made the following: APHC010432U2007 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO I.A.Nos.l of 2025 & 2 of 2024 in CRIMINAL REVISION CASE NO: 1780/2007 Between: T. Anuradha, ...PETITIONER AND ...RESPONDENT(S) The State of AP Rep by its PP Hyd and Others Counsel for the Petitioner: 1.TURAGA SAI SURYA Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR The Court made the following: ORDER: As per the orders in l.A.No.1 of 2025 dated 04.02.2025, the criminal revision case is compounded and the revisionist is acquitted for the offence under Section 138 of the Negotiable Instrument Act. The Criminal revision case is disposed of and the judgment in 2. C.C.No.85 of 2006 on the file of Special Judicial Magistrate of First Class (Excise), West Godavari District, Eluru convicting and sentencing the revision petitioner/accused for the offence punishable under Section 138 of Nl Act, as confirmed in Criminal Appeal No.164 of 2006 by the First Additional District and Sessions Judge, West Godavari District, Eluru, is set aside. As a sequel, pending applications, if any, shall stand closed. 3. Sd/- M. RAMESH BABU DEPUTY REGISTRAR ' SECTION OFFICER //TRUE COPY// To, 1. The I Additional District & Sessions Judge, Eluru, West Godavari District 2. The Special Judicial Magistrate of First Class (Excise) Eluru, West Godavari District. 3. One CC to Sri. Turaga Sai Surya, Advocate [OPUC] 4. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh at Amaravathi [OUT] 5. Three CD Copies. (Along with the joint memo filed by both the parties in LA No.l of 2025) stu HIGH COURT DATED:04/02/2025 ORDER I.A Nos. 1 of 2025 & 2 of 2024 in CRLRC.No.1780 of 2007 s 21 HAK 2ffi5 K Current Section DISPOSING OF THE CRIMINAL REVISION CASE IN THE HIGH COURT OF ANDHRA PRADESH::AT AMARAVATHI of 2025 I.A.N0. In CRl.R.C.No. 1780 of 2007 Between; SamanthulaRajeswara Rao S/o. Late Samanthula Lakshmana Rao, Aged about 27 years, Occ: Private Employee R/o. D.N0.I6B-I6-33/3. Titus Nagar, 29‘^ Division, Eluru, West Godavari. ....Petitioner/Respondent No. 3 And I.T.Anuradha W/o. K. Venkateswara Rao, Hindu, aged 42 years, Occ: Record Assistant in Sri DurgaMalleswaraswamy Temple. Indrkeeladri, Vijayawada, Krishna District. ... Respondent/Petitioner 2.The State of Andhra Pradesh Rep.by public prosecutor High Court of A.P. at Amaravati 3. Samanthula Lakshmana Rao(Died) S/o. Late Ramulu, Hindu, aged about 58 years Tengallamudi, Eluru, West Godavari District Respondent/Respondent No. JOINT MEMO FILED BY BOTH PARTIES For all the reasons stated in the accompanying affidavit, it is prayed that this Hon’ble Court may be pleased to permit the petitioner/respondent no. 3 to compound the offence of Section 138 of Nl Act and consequently set aside the judgment in C.C.No. 85 of 2006 on the file of the court of special Judicial Magistrate of I class(Excise) Eluru^ Wejst Godavari District, Dt. 29-08-2006 as confirmed in CrI.A.No. 164 of 2006 on the file of the court of the I Additional District and Sessions Judge, Eluru, West Godavari, Dt. -£@*=68^066 and allow the criminal revision and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. y 5^ i r-" PETITIONER (Samanthula Rajeswara Rao) AMARAVATHI DT. ^-01-2025 RESPONDENT N0.1 ( T.ANURADHA) COUNSEL FO TITIONER COUNSEL ESPONDENT No.1