REKAPALLI CHINNA SATYANARAYANA v. THE STATE OF A.P. REP., BY ITS PP
CRLRC/257/2012 · 2025-03-18
Harinath N
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 42992 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 42992 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010141322024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE NINETEENTH DAY OF MARO TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.2129 of 2024 AND CRIMINAL REVISION CASE No.257 of 7019 CRIMINAL PETITION No.2129 of 2024 Between: Rekapalli Chinna Satyanarayana, S/o. years, Occ; Cultivation, R/o.Madduru Village, Kovvur Manjai, East Godavari District. Late Ramana, Aged about 67 ...Petitioner/Sole Accused AND The State of Andhra Pradesh, Rep. by its Public of Andhra Pradesh, At Amaravati. Prosecutor, High Court ...Respondent praying that in the circumstances slated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to direct the sentence of three years Rigorous impnsonment in Criminal Revision Case No.257 of 2012 pending before this Hon'ble Court, to run concurrently with the sentence of imprisonment for life under Section 302 IPC in Criminal Appeal No.463 of 2015. Petition under Section 427 & 482 of Cr.P.C
APHC010189492012 gRlMlML REVISION CASE No.257 of 7ni9 Revision filed under Section 397 & 401 of Cr.P.C, against the Judgment of the Additional District and at Kovvur, confirming the Judgment five years Rl to three in Crl.A.No.123 of 2011 dated 25-01-2012 Sessions Judge, West Godavari Division and conviction but modifying the sentence from years R.l. passed by the Additional Assistant Sessions Judge, (FTC) Kovvur in SC.No.246 of 2008, dated 30-06-2009. Between: Rekapalh Chinna Satyanarayana, S/o. late Ramanna, 49 Cultivation, R/o. Madduru Village District. years, Kovvur Mandal, West Godavari ...Petitioner/Appellant/Accused AND The State of Andhra Pradesh, rep. by its Public Prosecutor, High Court Buildings, High Court of Andhra Pradesh, Amaravati. ...Respondent/ Respondent/Complainant Counsel for the Petitioner in both cases: Sri I V N Raju Counsel for the Respondent in both cases: Public Prosecutor The Court made the following order:
APHC010189492012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY ,THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL REVISION CASE No.257/2012 and CRIMINAL PETITION No.2129/2024 CRLRC.No.257 OF 2012 Between: Rekapalli Chinna Satyanarayana ...PETITIONER AND ...RESPONDENT The State Of A P Rep By Its Pp Counsel for the Petitioner:
1.1 VN RAJU Counsel for the Respondent:
1.PUBLIC PROSECUTOR (AP) CRLP.No.2129 of 2024 Between: Rekapalli Chinna Satyanarayana ...PETITIONER/ACCUSED AND ...RESPONDENT/COMPLAINANT The State Of Andhra Pradesh Counsel for the Petitioner/accused:
1.1 VN RAJU Counsel for the Respondent/complainant:
1.
PUBLIC PROSECUTOR (AP) The Court made the following Common Order :
THE HON’BLE SRI JUSTICE HARINATH. N CRIMINAL PETITION No.2129 of 2024 and CRIMINAL REVISION CASE No.257 of COMMON ORDFR• The petitioner in CRLRC.No.257 of 2012 is challenging the judgment of conviction modifying the sentence from five rigorous imprisonment to three years years rigorous imprisonment passed by Additional Assistant Sessions Judge (FTC), Kovvur in SC.No.246 of 2008, dated 30.06.2009. The petitioner bail in the said case by this Court. was granted The petitioner in CRLP.No.2129 of 2024 was facing trial in SC.No. 148 of 2014 on the file of Additional Assistant Sessions Judge (FTC), Kovvur for offences under Sections 506(2) and 309 of IPC. He 302, 498-A, was convicted and sentenced to imprisonment for life. The Criminal appeal filed by the petitioner was also dismissed by this Court. 2. The limited prayer sought by the petitioner in CRLP.No.2129 of 2024 is that the sentence of three years of rigorous imprisonment which is subject of CRLRC.No.257 of 2012 to run concurrently with the sentence of imprisonment for life in CRLA.No.463 of
2015. 3. Reliance is placed on the judgment of this Court in the matter of V.Venkateswarlu Vs. State of Andhra Pradesh\ this Court held that the two convictions and sentences passed against the accused by two Courts and orders becoming final, the High Courts have inherent power to give necessary directions as provided under Section 427 Cr.P.C., The Division Bench of this Court held that such powers can also be exercised suomoto while exercising jurisdiction under Section 397 read with Section 401 of Cr.P.C.,
4. The learned Assistant Public Prosecutor submits that the petitions can be allowed in view of the judgments of this Court. 5. Accordingly, the criminal petition No.2129 of 2024 is hereby allowed and CRLRC.No.257 of 2012 is hereby closed. 6. Pending miscellaneous petitions, if any, shall stands closed. T 1987 CRI.L.J 1621 Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To 1- The Additional District and Sessions Judge, District. (With Records)
2. The Additional Assistant Sessions Judge, (FTC) District. 3. The II Additional Judicial First Class Magistrate, Kowur, West Godavari District. 4. The Superintendent, Central Jail, Rajahmundry,
5. The Station House Officer, Kowur Rural Police District. 6. Two CCs to the Public Prosecutor, Amaravathi [OUT] Kowur, West Godavari Kowur, West Godavari East Godavari District. Station, West Godavari High Court of Andhra Pradesh,
7.
One CC to Sri I V N Raju, Advocate [OPUC]
8. The Section Officer, Criminal Section, High Court of Andhra Pradesh. 9. Two CD Copies TK sree
HIGH COURT DATED:19/03/2025 COMMON ORDER CRLP No.2129 of 2024 & CRLRC No.257 of 2012 ALLOWING THE CRIMINAL PETITION AND CLOSING THE CRIMINAL REVISION CASE