SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Online)(AP) 8082

HIGH COURT OF ANDHRA PRADESH
Dr. Y. Lakshmana, J
Syed Mastan Vali – Appellant
Versus
The State of Andhra Pradesh – Respondent
Criminal Revision Case No: 1382



Advocates:
For the Appellant: P. Narahari Babu
For the Respondent: Public Prosecutor

A court may issue a Non-Bailable Warrant against a petitioner for non-representation, emphasizing judicial efficiency and presence.

Headnote:(A) Code of Criminal Procedure, 1973 - Sections 397, 401, 438, 442 - Revision filed against conviction and sentence - Judgment confirmed that the petitioner is sentenced to rigorous imprisonment and fines for offences u/s. 304-A, 338 and 337 IPC - Non-Bailable Warrant issued due to non-representation by petitioner. (Paras 1-2)

(B) Court's authority - Non-compliance with representation leads to stern measures - The court retains discretion to issue warrants to ensure presence of an accused. (Paras 3-4)

Facts of the case:
The petitioner challenged a conviction leading to sentences of rigorous imprisonment for offences under IPC provisions. - Sentences included fines with concurrent execution.

Findings of Court:
The revision petition's hearing noted a lack of representation, compelling issuance of a Non-Bailable Warrant.

Issues: The primary issue was whether the court can issue a warrant when a petitioner fails to appear.

Ratio Decidendi: The court affirmed that a lack of representation can warrant issuance of a Non-Bailable Warrant to ensure judicial proceedings are not obstructed.

Result: Non-Bailable Warrant issued to petitioner.

IN THE HIGH COURT oF ANDHRA PRADESH AT AM THURSDAY ,THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE .|PRESENT:

THE HONOURABLE DR JUSTICE Y. LAKSHMA CRIMINAL REVISION CASE NO: 1382 Between.I syed Mastan vali, S/o. Sal-da, Aged about 24 years, R/o. Narasaraopet Town and MandaI, Guntur Disrict.

Petitioner AND The State ofAndhra pradesh, Rep .by public prosecutor, High Court ofA.P., Amaravati.

Respondent/complainant Revjsjon under sections 397 and 401 of Cr.P.C.( Section 438 & 442 of BNSS), praying that in the circumstances stated Ion the memorandum of grounds filed in support of the criminal RevisI-On Case, being Aggrieved by the Judgment dt.13.08.2009 passed jn crl.A.No. 209 of 2008 on the file of the sessions Judge, Guntur as confirming that the sentence of rigorous jmprjsonment for a period of one year and also to pay a fine of Rs.500/- i/d SI for 3 months for the offences u/s. 304-A IPC and also sentenced to undergo RI for 6 months and also to pay fine of Rs.300/- I-/d Sl for 2 months for the offence u/s 338 IPC AND he I'S also further sentenced to undergo RI for 3 months and also to pay a fine of Rs.200/- ,-/d Sl for one month for the offence u/s. 337 lPC .All the sentences shall run concurrently in cc.No. 56/2005 on the file of the " AddI. Junior civ" Judge, Narsaraopt, dt.16.6.2008.

lA NO:

CRL.R.C.M.P.NO.1894 of2009l petition under section 397(1) of Cr.P.C., is filed praying that in the circumstances stated in the afflldaVlt filed in support of the petition, the High court may be pleased to suspend the sentence of jmprISOnment passed in c.c.No.56 of 2005 on the file of the lI Additional Junior civ" Judge, + _-€= I/

Narsaraopet, dt: 16.06.2008 as confirmed in CrI.A.No. 209 of 2008 on the file of the sessions Judge, Gun'tur, dt: 13.8.2009, Pending disposal of CRLRC

1382 of 2009, on the file of the High,Court.

The petition coming on for hearing, upon perusing the petition and the grounds filed in support thereof and the order of the High Court dated 17.08.2009 made in CRL.R.C.M.P.NO.1894 of 2009 made herein and having observed that there is no representation for the petitioner , the court made the following ORDER¢¢

flNo representation for the petitioner even after posting the case as a last chance.

Issue Non-Bailable Warrant to the Revisionist through Superintendent of Police concerned.

On execution of such NBW, the petitioner shall be produced before the learned II Additional Junior Civil Judge, Narasaraopet.

List the matter after one I(o1) mon1:hl"

scl/-|s.v,S.R.MURTliY. J //TRUE COPY//

SECTION OFFi'CER To, 1. The Registrar (Judicial), High Court ofAndhra Pradesh at Amaravati.

2. The II Additional Junior Civil Judge, Narasaraopet.

3. The Superintendent Qf Police, Palnadu District.

4. The Superintendent, DistrictjaiI, Guntur.

5. One CC to SRl. P NARAHARI BABU Advocate [OPUC]

6. The Section Officer, Criminal Section, Hl'gh Court ofA.P.

7. Two CCs to the-PUBLIC PROSECUTOR, High Court ofA.P [OPUC]

8. One spare'copy psk HIGH COURT DR.YLR,J DATED : 03/07/2025 LIST AFTER ONE MONTH ORDER CRLRCINo.1382 of 2009 DIRECTION ¥-f-¥ii IN THE HIGH COURTrOF ANDHRA PRADESH AT AMA THURSDAY ,THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE :PRESENT:

THE HONOURABLE DR JUSTICE Y. LAKSHMANA CRIMINAL REVISION CASE NO: 1382 OF 2009 Betwee n :

Syed Mastan Vali, S/o. Saida, Aged about 24 years, R/o. Narasaraopet+own and Mandal, Guntur Disrict.

PetI-tiOner AND The State of Andhra Pradesh, Rep .by PubII-C Prosecutor, High Court of A.P., Amaravati.

Respondent/Comp[ainant Whereas, Revl'sion filed under sections 397 and 401 of Cr.P.C.(Section

438 & 442 of BNSS), praying that in the circumstances stated l'n the memorandum of grounds filed in support of the criminal Revision Case, being Aggrieved by the Judgment dt.13.08.2009 passed in CrI.A.No. 209 of 2008 on the file of the SessI-OnS Judge, Guntur as confI|rming that the sentence of rI'gOrOuS I'mPriSOnment for a period of one year and also to pay a fine of Rs.500/- i/d Sl for 3 months for the offences u/s. 304-A IPC and also s

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top