IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI MONDAY, THE TWENTY FOURTH DAY OF FEBRUARY [fo TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL REVISION CASE NO: 227 OF 2025 Revision filed under Sections 397 & 401 of Cr.P.C (438 & 442 of BNSS), against the impugned order dated 18.11.2024 in CRL.MP. No. 351 of 2024 in CRL.A.(unnumbered) of 2024 on the file of in the Court of the Principal District and Sessions Judge at Chittoor, Chittoor District. Between: G Prasanth @ G Prasad, S/o. Gangaiah, Hindu, aged about 31 years, Occ Coolie, R/o. Utharapu Kandriga Village, Puttur Mandal, Tirupati District, Andhra Pradesh. ...Petitioner/ Petitioner/Appellant/Accused AND The State of Andhra Pradesh, Rep. by Public Prosecutor, High Court of Andhra Pradesh at Amaravati. ...Respondent/ Respondent/ Respondent/Complainant Counsel for the Petitioner : SRI. CHAMARTHY LEELA SRINNIVASA VARMA Counsel for the Respondent: PUBLIC PROSECUTOR The Court made the following: ORDER p APHC010089362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE [3327] PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL REVISION CASE NO: 227/2025 Between: G Prasanth @ G Prasad ...PETITIONER AND The State Of Andhra Pradesh ...RESPONDENT Counsel for the Petitioner: 1.CHAMARTHY LEELA SRINNIVASA VARMA Counsel for the Respondent: 1. PUBLIC PROSECUTOR The Court made the following: 9 2 ORDER: This Criminal Revision Case herein/accused against the Order, Crl.l\/I.P.No.351 of 2024 i No.612 of 2024) by the learned was filed by the petitioner dated 18.11.2024 passed in in Unnumbered Criminal Appeal (CFR Principal District and Sessions Judge, Chittoor District (for brevity 'the learned Appellate Judge’). 2. The petitioner is the accused i No.331 of 2022 in Calendar Case on the file of the Judicial Magistrate of First Class, Puttur (for brevity ‘the learned Magistrate’) who was tried Section 7-B read with 8-B of (Amendment) Act, 2020. The trial, vide Judgment, dated accused of the aforesaid charge in of Criminal Procedure, sentenced him to undergo simple for the offence punishable under the Andhra Pradesh Prohibition learned Magistrate, after full-fledged 30.08.2023, convicted the terms of Section 248 (2) of the Code 1973 (for brevity ‘CrPC’) and imprisonment for a period of Rs.2,000/- (Rupees two thousand simple imprisonment for one (01) year and to pay a fine of only), in default, shall suffer a period of three (03) months. 3 3. Aggrieved by the said Judgment, dated 30.08.2023 passed in C.C.No.331 of 2022 by the learned Magistrate, the petitioner herein/accused preferred the Criminal Appeal in CFR No.612 of 2024 before the learned Appellate Judge. Since there was delay of 196 days in preferring appeal, the petitioner herein/accused filed petition under Rule 127 (2) of the Criminal Rules of Practice and Circular Orders, 1990 (for brevity ‘CRP’) before the learned Appellate Judge to condone the delay contending that because of mental imbalance of the petitioner herein/accused, he left the village and his whereabouts were not known and after diligent search by his family members, the petitioner herein/accused was secured. Learned Appellate Judge vide docket Order, dated 18.11.2024 in Crl.M.P.No.351 of 2024, dismissed the petition on the ground that the petitioner herein/ accused did not file any medical report to prove that he was suffering from mental imbalance. Challenging the said Order, the present Criminal Revision Case is filed by the petitioner herein/accused. Learned counsel for the petitioner herein/accused 4. would submit that the petitioner herein/accused was arrested on I % 4 24.11.2024 and since then, he has been in jail, undergoing imprisonment as convicted prisoner. The petitioner herein/ accused, due to the conviction and sentence imposed by the trial Court, suffered mental agony, went in a psychological state suffered mental imbalance and left the village. As such, appeal could not be preferred within the stipulated time, as such, there occurred delay of 196 days. Heard both sides. Perused the record. A perusal of the material on record goes to show that the learned Magistrate vide Judgment, dated 30.08.2023 in Calendar Case No.331 of 2022 convicted the petitioner herein/ accused for the offence punishable under Section 7-B read with 8-B of the Andhra Pradesh Prohibition (Amendment) Act, 2020. Aggrieved by the said conviction sentence, the petitioner herein/ accused preferred appeal and since there occurred delay in preferring the Criminal Appeal, he filed a petition under Rule 127 (2) CRP. 5. 6. A perusal of the material on record goes to show that it is due to the conviction and sentence imposed by the learned Magistrate, the petitioner herein/accused suffered 7. t 5 mental imbalance and left the village. Irrespective of the fact as to whether a medical certificate has been filed or not, it is relevant to mention herein that any appeal preferred by the party, it has to be disposed of on merits. In view of the aforesaid facts and circumstances, this Court is inclined to allow the Criminal Revision Case, condoning the delay of 196 in filing the Criminal Appeal before the learned Appellate Judge. 8. Accordingly, the Criminal Revision Case is allowed. setting-aside the Order, dated 18.11.2024 passed in Crl.M.P.No.351 of 2024 in unnumbered Criminal Appeal (CFR No.612 of 2024) by the learned Principal District and Sessions Judge, Chittoor. Consequently, Crl.M.P.No.351 of 2024 stands allowed condoning the delay of 196 days in preferring the Criminal Appeal. Having regard to the fact that the petitioner herein/accused has been in jail since 24.11.2024, the petitioner herein/accused shall be enlarged on bail on executing personal bond for a sum of Rs. 10,000/- (Rupees ten thousand) with two sureties for likesum each to the satisfaction of the learned Judicial Magistrate of First Class, Puttur. I % 6 The Appellate Court is directed to number the Criminal Appeal, forthwith, if it is otherwise in order and dispose of the same in accordance with law including the petition filed suspension of sentence. for As a sequel thereto, the miscellaneous applications, if any, pending in this Criminal Revision Case shall stand closed. Sd/- M RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal District and Sessions Judge, Chittoor, Chittoor District. The Judicial First Class Magistrate, Puttur, Chittoor District One CC to Sri. Chamarthy Leela Srinivasa Varma, Advocate [OPUC] Two CCs to the Public Prosecutor, High Court of Andhra Pradesh at Amaravathi [OUT] The Section Officer, Criminal Section, High Court of Andhra Pradesh. Three CD Copies 2. 3. 4. 5. 6. Stu vna HIGH COURT DATED;24/02/2025 ORDER CRLRC.No.227 of 2025 C 12 MAR 2025 ^ . Current Section ^ a ALLOWING THE CRIMINAL REVISION CASE