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2014 Supreme(AP) 1008

B.SIVA SANKARA RAO
Nallajerla Murali Krishna @ Murali – Appellant
Versus
State of Telangana, through Public Prosecutor – Respondent


Advocates Appeared:
For the Petitioner:B. Vijaysen Reddy, Advocate.
For the Respondents: The Public Prosecutor.

Judgement Key Points

Based on the provided legal document, the key points are as follows:

  1. The offence under Section 354 IPC was originally classified as bailable, cognizable, and triable by any Magistrate, with a punishment of up to two years or fine or both (!) (!) (!) (!) (!) .

  2. Amendments introduced by the State of Andhra Pradesh increased the minimum and maximum sentences, made the offence non-bailable, and triable only by the Court of Sessions (!) (!) (!) (!) .

  3. Subsequent Central legislation further amended the classification, making the offence non-bailable, with increased minimum and maximum sentences, and triable by a Magistrate, leading to a conflict between State and Central laws regarding the court of trial and bail status (!) (!) (!) .

  4. In cases of inconsistency between State and Central laws, the later Central legislation, which received the President’s assent, prevails, implying implied repeal of the earlier State amendments (!) (!) (!) (!) (!) (!) .

  5. The constitutional provisions regarding the supremacy of Central law over State law in cases of conflict are reinforced, especially considering the provisions of Articles 254, 246(2), and 251 of the Constitution of India (!) (!) (!) (!) .

  6. The law emphasizes that the applicable law at the time of the offence's commission determines the maximum punishment and trial procedure, and subsequent beneficial legislation can be extended to the accused (!) .

  7. The principle of non-retroactivity of harsher punishments and procedural laws applies, but beneficial laws that reduce penalties or allow for compounding can be applied even after the offence was committed (!) (!) .

  8. The court has the authority to allow the compounding of offences even if the law initially classified the offence as non-compoundable, especially when subsequent legislation makes it so, and the appellate court should consider such applications rather than dismiss them (!) (!) .

  9. The petitioner and the de facto complainant, having entered into a compromise, are entitled to seek permission to compound the offence, and the appellate court is directed to entertain fresh applications for compoundability (!) .

  10. Overall, the legal framework supports the extension of beneficial amendments to the accused, even if the offence was initially non-compoundable, provided the subsequent law permits such compounding, and the trial court's discretion should favor this approach (!) (!) .

If you need further clarification or assistance with specific legal procedures related to this case, please let me know.


Judgment :

This matter involves to decide whether Section 354 IPC (after Criminal Law Amendment Act, 13 of 2013 which came into force) with effect from 03.02.2013 with consequential amendment in the Schedule-I Cr.P.C. is still a non-compoundable offence and triable by Court of Sessions and whether the parties are entitled to the benefit to the compounding of crimes occurred the time prior to the amendment came into force, from any conflict without reconcilibility between the earlier A.P. State Amendment made with assent of President and the subsequent Central Legislation (supra) with reference to Articles 246(2), 251 and 254 of the Constitution of India. This criminal petition is filed under Section 482 Cr.P.C. by the petitioner-accused, seeking a direction to the learned Special Sessions Judge for cases under Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act-cum-Additional District and Sessions Judge, Khammam to permit him to compound the offence in Criminal Appeal No.94 of 2013.

2. The petitioner is the accused and the 2nd respondent is the de facto complainant. The Crime No.30 of 2012 was registered for the offence punishable under Section 354 IPC against him on t









































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