APHC010080222008 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY, THE TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA CRIMINAL REVISION CASE Between: 1. JONNALAMEDAKA KRISHNA RAO,, S/O SRI RAMACHANDRA MURTHY, RETIRED EMPLOYEE, NAGULLANKA, EAST GODAVARI DISTRICT. 1. THE STATE OF AP REP BY ITS PP HYD, rep. by its Public Prosecutor, High Court of A.P., at 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 the conviction and sentence again Addl..S.J., West Godavari District at Eluru in Crl.A.No. 17 of 2005, dt. 07-08-2008 and acquitthe petitioner from the charge for ends of justice. IA NO: 1 OF 2008(CRLRCMP 1621 OF 2008 Petition under Section 151 CPC prayin circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the sentence, passed Judgment in Crl.A.No. 17 of 2005, dt.07 Sessions Judge, West Goavari District passed in Judgment in CC.No. 24 of 2000, dt. 29 J.F.C.M., Spl.Mobile Court, West Godavari District, Eluru is partly allowed and modified and consequently release the petitioner / accused on bail. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE THIRTIETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA CRIMINAL REVISION CASE NO: 1199 OF 2008 JONNALAMEDAKA KRISHNA RAO,, S/O SRI RAMACHANDRA MURTHY, RETIRED EMPLOYEE, NAGULLANKA, EAST GODAVARI DISTRICT. ...PETITIONER AND THE STATE OF AP REP BY ITS PP HYD, rep. by its Public Prosecutor, High Court of A.P., at Hyderabad. ...RESPONDENT 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 the conviction and sentence against the petitioner passed by the V Addl..S.J., West Godavari District at Eluru in Crl.A.No. 17 of 2005, dt. 2008 and acquitthe petitioner from the charge for ends of IA NO: 1 OF 2008(CRLRCMP 1621 OF 2008 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 sentence, passed Judgment in Crl.A.No. 17 of 2005, dt.07-08-2008 on the file of V Addl. Sessions Judge, West Goavari District at Eluru wherein the conviction passed in Judgment in CC.No. 24 of 2000, dt. 29-12-2004 by the J.F.C.M., Spl.Mobile Court, West Godavari District, Eluru is partly allowed and modified and consequently release the petitioner / [3560] THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA JONNALAMEDAKA KRISHNA RAO,, S/O SRI RAMACHANDRA MURTHY, RETIRED EMPLOYEE, NAGULLANKA, EAST ...PETITIONER THE STATE OF AP REP BY ITS PP HYD, rep. by its Public ...RESPONDENT 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 st the petitioner passed by the V Addl..S.J., West Godavari District at Eluru in Crl.A.No. 17 of 2005, dt. 2008 and acquitthe petitioner from the charge for ends of g that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the sentence, passed 2008 on the file of V Addl. at Eluru wherein the conviction 2004 by the J.F.C.M., Spl.Mobile Court, West Godavari District, Eluru is partly allowed and modified and consequently release the petitioner / Counsel for the Petitioner: 1. K GANI REDDY Counsel for the Respondent: 1. PUBLIC PROSECUTOR (AP) The Court made the following Order: Instant Criminal Revision Case has been preferred against the Judgment and Order of sentence dated 07.08.2008 passed by the learned V Additional Sessions Judge, West Godavari at Eluru. 2. Learned counsel for the petitioner submits that the petitioner is aged about 80 years. The petitioner was convicted for the offence under Sections 498-A, 406 and 323 of the Indian Penal Code, 1860. The punishment as ordered by the trial Court is one year. Considering the entire facts and circumstances, the learned Appellate Court has taken a lenient view and directed the petitioner to undergo Rigorous Imprisonment for a period of three months instead of one year of Simple Imprisonment. 3. He further submits that the learned V Additional Sessions Judge, West Godavari, Eluru, has passed the Judgment in the year 2008. The petitioner has preferred the instant Criminal Revision Case against the order only due to the reason that the petitioner is an old, aged person, to undergo Rigorous Imprisonment by the petitioner is not possible at the present age. He prayed for further leniency. 4. Learned Assistant Public Prosecutor placed reliance upon the considerations of this Court. 5. Having heard the learned counsel for the parties and considering the material it appears that the instant case was initiated by the Sub-Inspector of Police, Women Police Station, Eluru, in the year 1998. The petitioner is an Ex-serviceman, who is an Octogenarian. Undergoing rigorous imprisonment by an Octogenarian is not possible. However, we have passed more than 25 years from the initiation of the said crime. The allegation against the present petitioner cannot be eloped but it can be observed that undergoing rigorous imprisonment by the petitioner, who is aged more than 80 years, is not possible. 6. It is further observed that the petitioner has already grilled with the fire of long pending litigation for more than 25 years, moreover he has already undergone sixty days of imprisonment during the course of enquiry and trial of this case. Thus, I am of the view that the order of sentence of imprisonment upon the petitioner to undergo rigorous imprisonment for a period of three (03) months is not possible in the present facts and circumstances. The order of imprisonment upon the present petitioner is hereby adjusted with the period of detention already undergone by the present petitioner during enquiry and trial of this case. 7. The Criminal Revision Case is accordingly disposed of. As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Revision Case, shall stand closed. ____________________________ JUSTICE SUBHENDU SAMANTA Dated: 30.10.2025 TJN 51 THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA CRIMINAL REVISION CASE NO: 1199 OF 2008 Dated: 30.10.2025 TJN HIGH COURT OF ANDHRA PRADESH :: AMARAVATI CRIMINAL REVISION CASE NO: 1199 OF 2008 PROCEEDING SHEET Sl. No. Date ORDER OFFICE NOTE 20. 30.10.2025 SS,J Instant Criminal Revision Case is disposed of. (Vide Separate Order) ______ SS,J TJN