IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA THURSDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL REVISION CASE NO: 822 OF 2023 Revision filed under Sections 397 &. 401 otCr.PC, against the orders of the District and Sessions Judge, Kurnool dated 17.07.2023 in CrI.M.P No.167 of 2023 in CrI. Appeal No. Nil 2023. Between: 1. C Rajasekhar, aged 46 yrs, S/o Narayanappa, Door No. 24-454-1, L.C.K Puram, Dharmavaram Village and Mandal Sri Satya Sai District (Good Owner) 2. Sake Anjaneyulu, aged 36 yrs, S/o Sake Gangappa, Door No. 5/40, Y.K.Palli Village, Mukthapuramu, Mudigubba Mandal Sri Satya Sai District (Owner of the Vehicle bearing No. AP-39-TT-9869) ...Petitioner/Appellants AND 1. The Collector (CS), Nandyala District ^ 2. The Tahsildar, Kolimigundia Nandyala District 3. The Station House Officer, Kolimigundia P.S., Kolimigundia Nandyala District 4. The State of Andhra Pradesh, Rep. by its Public Prosecutor High Court Buildings, Amaravathi ...Respondents lA NO: 1 OF 2023 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 * ptea^Qct to direct the release of the seized vehicle Lorry No AP-39-TT-9869 ' ■***••,. ^ in favour of the Petitioner/Appellant No. 2 for his interim custody pending -f-' ^ .- disposal df the Criminal Revision Case. ? Counsel for the Petitioners: SRI AKULA SRI KRISHNA SAI BHARGAV Counsel for the Respondents: PUBLIC PROSECUTOR The Court made the following: ORDER 0 1 APHC010460002023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] THURSDAY,THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL REVISION CASE NO: 822/2023 Between: C Rajasekhar and Others ...PETITIONER(S) AND The Collector and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. AKULA SRI KRISHNA SAI BHARGAV Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR (AP) The Court made the following: ORDER: The Criminal Revision Case, under Sections 397 and 401 of the Cr.P.C., is filed on behalf of the petitioners praying the Court to set aside the order dated 17.7.2023 passed in Crl.M.P.No.167/2023 in 2 unnumbered Criminal Appeal, on the file of the District and Sessions Judge, Kurnool. 2. The petitioners herein filed Criminal Appeal before the District and Sessions Court, Kurnool, assailing the Order Rc.CS2/159/2022 , dated 05.11.2022 passed by the Joint Collector (CS), Nandyal, whereby the authority imposed 75% penalty on 100% seized stocks of Rs.3,32,063/-(total value of the seized stocks in the vehicle) on Ashok Leyland vehicle bearing No.AP39TT 9869, and directed that the vehicle be released on payment of the penalty, while directing to conduct public auction of the above seized stock and remit the sale proceeds to the government. Along with the Criminal Appeal, the petitioners filed Crl.M.P.No.167 of 2023 seeking to condone delay of 58 days in preferring the Criminal Appeal. The learned Sessions Judge, by virtue of the impugned Order dated 17.7.2023, dismissed the delay condonation petition for default. Aggrieved by the same, the present Criminal Revision Case is filed. 3. Learned counsel for the petitioners submits that on the date of hearing i.e. on 17.7.2023, the petitioners herein were suffering from fever, and as Doctor advised bed rest, they could not attend the Court and their absence is neither intentional nor wanton. Hence, he prays to allow the Criminal Revision Case. Though it is stated that on medical grounds, the petitioners failed 4. to attend Court on 17.7.2023, no document is filed to substantiate their case. However, in view of the fact that the Criminal Appeal pertains to an order passed by the authority with regard to seizure of stocks in a proceedings under the Essential Commodities Act, 1955, this Court feels that an opportunity can be given to the petitioners to contest the Accordingly, order dated 17.07.2023 same in the Criminal Appeal. passed in Crl.M.P.No.167/2023 in unnumbered Criminal Appeal, on the file of the District and Sessions Judge, Kurnool, is set aside. Crl.M.P.No.167 of 2023 is restored to file. 5. Tt,e Ctirhihal Revision Case is, accordingly, disposed of. Miscellaneous petitions pending, if any, shall stand closed. Sd/- M RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The District and Sessions Judge, Kurnool, Kurnool District. One CC to Sri Akula Sri Krishna Sai Bhargav Advocate [OPUC] Two CC's to The Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] The Section Officer, Criminal Section, High Court of Andhra Pradesh. Three CD Copies 2. 3. 4. 5. SAM vna m HIGH COURT DATED:02/01/2025 ORDER CRLRC.No.822 of 2023 DISPOSING OF THE CRLRC