APHC010164242009 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3560] THURSDAY, THE 10th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA CRIMINAL REVISION CASE NO: 1559/2009 Between: 1. AKULA LAXMANA RAO, @ CHANTI, S/O. BALA KRISHNA MURTHY WORKING AS MANAGER, SRI JAI DURGA BHAVANI, VIJAYAWADA. R/O. BHEEM NAGAR, NEAR PRAMASAMAJAM, DABA GARDENS, VISAKHAPATNAM, 2. PILLI RAMANA REDDY, S/O. LATE YELLAYYA HINDU R/O. KRISHNA GARDENS, VISAKHAPATNAM, PROPRIETOR, SRI JAI DURGA BHAVANI, VIJAYAWADA, ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, Reptd. by its Public Prosecutor High Court of Andhra Pradesh, Hyderabad. ...RESPONDENT Revision filed under Section 397/401 of CrPC praying that in the circumstances stated in the affidavit filed in support of the Criminal Revision Case, the High Court may be pleased to submit this memorandum of Criminal Revision Case against the Judgment made in Criminal Appeal No.101 of 2007 on the file of the court of the II Addl. Metropolitan Sessions Judge, Visakhapatnam, dated 14-09-2009 which was confirmed the Judgment made in C.C.No. 130 / 2007 on the file of the Court of the II Additional Chief Metropolitan Magistrate, Visakhapatnam dated 22-8-2007. IA NO: 1 OF 2009(CRLRCMP 2166 OF 2009 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 2 SS, J Crl.R.C.No.1559 of 2009 suspend the conviction and sentence made in Crl.A. No.101 of 2007 on the file of the court of the II Addl. Metropolitan Sessions Judge, Visakhapatnam, dated 14-09-2009 as confirmed the Judgment made in C.C.No. 130 / 2007 on the file of the Court of the II Additional Chief Metropolitan Magistrate, Visakhapatnam dated 22-8-2007 by enlarging the petitioners on bail, pending disposal of the above Criminal Revision Case. IA NO: 2 OF 2009(CRLRCMP 2230 OF 2009 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 cancel the bail orders of the 2nd petitioner / 2nd accused in the above Crl.R.C., Counsel for the Petitioner(S): 1. LEGAL AID 2. V RAGHU Counsel for the Respondent: 1. PUBLIC PROSECUTOR (AP) The Court made the following: 3 SS, J Crl.R.C.No.1559 of 2009 THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA CRIMINAL REVISION CASE NO: 1559 of 2009 The Court made the following ORDER: The instant Criminal revision case is preferred against the Judgment dated 14.09.2009 passed by the II Additional Metropolitan Sessions Judge, Visakhapatnam in Criminal Appeal No. 101 of 2007 wherein and where under the learned appellate Court has dismissed the appeal by confirming the Judgment and order of conviction and sentence recorded by the learned Magistrate in C.C.No.130 of 2007 vide Judgment dated 22.08.2007. 2. The brief facts of the prosecution case is that the petitioner was working as Manager of Sri Jai Durga Bhavani Vijayawada Special Items Hotel situated at TSR complex, Visakhapatnam and A2 is the Proprietor of the said hotel. The Assistant Supply Officer, Circle-I, Civil Supply Office, Visakhapatnam surprised the hotel on 24.01.2007 at about 3.30pm and found A1 and A2 were using HPC domestic gas cylinder in the kitchen for the commercial purpose contravening the provisions of Section 3 of LPG (RS & D) Order 2000, which is an offence punishable under section 7 of Essential commodities Act. As such, the Assistant Civil Supply Officer seized the gas cylinder under cover of mediators report and gave report to II Town Police Station. Hence, the Crime started and the crime is registered. 3. During the trial of the criminal case the prosecution has examined as many as 5 witnesses including the Assistant Civil Supply Officer/ defacto 4 SS, J Crl.R.C.No.1559 of 2009 complainant and mediator and some documents were also marked as Ex.P1 to P5. Mediator report was marked as Ex.P2. During the trial the evidence of the prosecution witnesses has corroborated the version of PW1 and mediators also examined and identified the petitioner, mediators report accordingly marked. On basis of which, on completion of trial, the learned Magistrate has found both accused guilty for the offence punishable under section 7 of the Essential Commodities Act and they are convicted and sentenced to undergo simple imprisonment for three months and also directed to pay fine of Rs.500/- each and in default they have to suffer simple imprisonment for one month. The impugned order was passed by the learned Appellate Court, which confirmed the judgment of the learned Trial Court and dismissed the appeal. Hence, this revision. 4. It appears from the grounds of revision that it has been pleaded before this Court that the evidence of PW1 to PW4 is inconsistent and further ground is that the materials which were seized are not marked and identified by the parties. It appears that the seizure was affected in presence of mediators and mediator’s report was marked as Ex.P2. Accordingly, there is no doubt that the prosecution has brought home the charge against the petitioners. I have no doubt that, impugned order suffers no irregularity and impropriety. Accordingly, the revision is dismissed, as groundless; order passed by the learned Appellate Court confirming the order of the learned Trial Court is also maintained. 5 SS, J Crl.R.C.No.1559 of 2009 5. The order of suspension of sentence passed by this Court during the pendency of the revision is hereby vacated. 6. The petitioners are directed to appear before the learned Trial Court within six (6) weeks from the date of this order to serve out the remaining portion of the sentence, failing which, the learned Trial Court shall take appropriate steps against the petitioners to comply with the order. The State is also directed to intimate the petitioners regarding the directions of this Court. 7. Let a copy of this order be served upon learned Court below for compliance. 8. Accordingly, the instant Criminal Revision Case is dismissed. As a sequel, miscellaneous applications pending, if any, shall stand closed. ____________________________ JUSTICE SUBHENDU SAMANTA Dated: 10.09.2026 PBS 6 SS, J Crl.R.C.No.1559 of 2009 109 THE HONOURABLE JUSTICE SRI SUBHENDU SAMANTA CRIMINAL REVISION CASE No.1559 of 2009 Date: 10.09.2026 PBS