APHC010439872013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3560] WEDNESDAY,THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA CRIMINAL REVISION CASE NO: 1641/2013 Between: 1. BOYA MANCHANNA, S/O ALAK ANJANAIAH R/O KURUVALLI VILLAGE ALURU MANDAL KURNOOL DISTRICT ...PETITIONER/A.1 AND 1. STATE OF AP, Rep by its Public Prosecutor High Court of AP., 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 present this Memorandum of Criminal Revision aggrieved by the Judgment in Crl.A.No.174/2009 dt.06.08.2013 on the file of the court of the II Addl. Sessions Judge, Kurnool at Adoni Modifying (reduced) the Judgment in CC No.387/2006 dt 05-10-2009 on the file of the court of the JFCM., Alur , IA NO: 1 OF 2013 (CRLRCMP 2535 OF 2013) 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 release the petitioner on bail after suspending the operation of the sentence imposed in CC No.387/2006 dt 5.10.2009 on the file of the Court of the JFCM., Alur, which was modified (reduced) in Crl.A.no.174/2009 dt 6.08.2013 on the file of the court of the II Addl. -2- CRL.R.C. No.1641 & 1642 of 2013 Sessions Judge, Kurnool at Adoni, pending disposal of the Crl.RC and pass Counsel for the Petitioner: 1. B SARVOTHAM REDDY Counsel for the Respondent: 1. PUBLIC PROSECUTOR (AP) CRIMINAL REVISION CASE NO: 1642/2013 Between: 1. BOYA PEDDAIAH, KURNOOL DT.,, S/O. NARAYANA, R/O KURUVALLI VILLAGE ALURU MANDAL, KURNOOL DISTRICT. ...PETITIONER/A.2 AND 1. STATE OF AP REP PP HYD, Represented by its Public Prosecutor, High Court of AP., 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 present this Memorandum of Criminal Revision aggrieved by the Judgment in Crl.A.No.174/2009 dated 06-08-2013 on the file of the court of the II Addl. Sessions Judge, Kurnool at Adoni Modifying (reduced) the Judgment in CC No. 387 of 2006 dated 05-10-2009 on the file of the court of the JFCM., Alur. IA NO: 1 OF 2013(CRLRCMP 2536 OF 2013) 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 release the petitioner on bail after suspending the operation of the sentence imposed in CC No.387 of 2006 dated 05-10-2009 on the file of the Court of the JFCM., Alur, which was modified (reduced) in Crl.A.No.174 of 2009 dated 06-08-2013 on the file of the court of the II Addl. Sessions Judge, Kurnool at Adoni, pending disposal of the Crl.Rc. -3- CRL.R.C. No.1641 & 1642 of 2013 Counsel for the Petitioner: 1. B SARVOTHAM REDDY Counsel for the Respondent: 1. PUBLIC PROSECUTOR (AP) The Court made the following: -4- CRL.R.C. No.1641 & 1642 of 2013 THE HON’BLE SRI JUSTICE SUBHENDU SAMANTA CRIMINAL REVISION CASE Nos:1641 & 1642 OF 2013 COMMON ORDER: 1. Inspite of the matters are being listed under the caption ‘for dismissal’, none appears on behalf of the Petitioners. 2. These instant criminal revision cases, under Sections 397 and 401 of the Code of Criminal Procedure, 1973, have been filed against the judgment dated 06.08.2013, passed by the II Additional Sessions Judge, Kurnool at Adoni, in Crl.A.No.174 of 2009, whereby the learned Sessions Judge modified the judgment dt.05.10.2009 passed by the Junior Civil Judge, Alur, in C.C.No.387 of 2006 and convicted A.1 for the offence under section 325 IPC and convicted A.2 for the offence under Section 325 read with 34 IPC and sentenced to undergo rigorous imprisonment for a period of one year each and to pay a fine of Rs.1,000/- each in default to undergo simple imprisonment for one month each. 3. I have perused the order passed by the learned trial court. 4. On careful observation of the findings, it appears that learned trial court has convicted A.1 for the offence under section 326 IPC and convicted A.2 for the offence punishable under Section 326 read with 34 IPC and sentenced the petitioners to undergo rigorous imprisonment for two years and to pay fine of Rs.1,000/- and in default to undergo simple imprisonment for one month each. It -5- CRL.R.C. No.1641 & 1642 of 2013 appears, learned trial court has decided the case by fixing several points for determination. On appeal, the order of conviction and sentence passed by the trial court is modified by the learned Sessions Judge by assigning particular reasons. The order of conviction and sentence has also mentioned the evidentiary value of the witnesses in detail; the documents placed by the parties has also been scanned. 5. On a careful perusal of the observation of the learned trial court, it appears that the trial court has specifically decided the merits of defence case as argued by the petitioner. I find no illegality and impropriety in the impugned order itself. 6. Considering the same, I find no justification to interfere with the order of conviction and sentence modified by the learned appellate court. 7. Under the above observation, these instant criminal revision cases are dismissed as devoid of merit. The order of suspension of sentence passed by this court during pendency of the instant criminal revision case is hereby revoked. Since the petitioners are not present before this Court, let a copy of this order be served upon the learned trial court for ready reference. 8. As a sequel, miscellaneous applications pending, if any, shall stand closed. ____________________________ JUSTICE SUBHENDU SAMANTA Date:18.03.2026 BV