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2025 Supreme(Online)(AP) 8987

HIGH COURT OF ANDHRA PRADESH
Y. LAKSHMANA RAO, J
Badugu Srinivas @ Srinu – Appellant
Versus
The State of Andhra Pradesh – Respondent
CRIMINAL REVISION CASE NO: 633 OF 2009



Advocates:
For the Appellants/Petitioners: N. V. Anantha Krishna
For the Respondents: Public Prosecutor

The court highlights the importance of legal representation, ruling that absence can lead to severe consequences including non-bailable warrants.

Headnote:(A) Indian Penal Code - Section 307 - Criminal procedure under Sections 397 and 401 - Conviction for attempted murder challenged through revision - The petitioner failed to appear for the hearing, leading to the issuance of a non-bailable warrant for his arrest - The Assistant Sessions Judge is instructed to ensure the petitioner appears in court - Warrant execution report to be submitted. (Paras 6, 10)

(B) Criminal Procedure - Right to representation - Failure to represent in a legal proceeding can lead to adverse consequences, including warrants.

Facts of the case:
The petitioner was convicted of attempted murder and sought revision against this conviction. The hearing revealed no representation on behalf of the petitioner, which influenced the court's order.

Findings of Court:
The court directed the arrest and ensured the petitioner would appear in court, reinforcing the importance of legal representation.

Issues: The main issue was the absence of representation for the petitioner during the revision hearing and its implications.

Ratio Decidendi: The court ruled that absence of representation justifies direct action including a non-bailable warrant, highlighting the responsibility of parties to engage in the legal process.

Result: Non-bailable warrant issued against the petitioner.

Table of Content
1. absence of representation leading to warrant. (Para 4 , 5)

IN THE HIGH COURTOF ANDHRA PRADESH AT AMARAVATI MONDAY, THE THIRTIETH DAY OF JUNE, TWO THOUSAND AND TWENTY FIVE .'PRESENT:

HONOURABLE DR JUSTICE Y. LAKSHMANA RA CRIMINAL REVISION CASE NO: 633 OF 2009 *^`-I T.+-,., ,r,giv Between :

Badugu Srinivas @ Srinu, S/o Satyanarayana, Aged: 28 years, Occ:Coolie R/o Somudavarapalem Village, East Godavari District, Mummidivaram P.S.Limits.

Accused/Appellant/Petitl-oner AND The State ofAndhra Pradesh, through public prosecutor, High Court ofA.P., Amaravati.

Respondent RevisI-On filed under Sections 397 and 401 of Cr.P.C., against the Orders passed in crl.A.No.42 of 2007 on the fl'le of the Court of the lI Additional District & Sessions Judge, East Godavari District, at Amalapuram, dated 24.09.2008 modifying the Judgment in S.C.No. 265 of 2006 on the fI-le of the Court of the Assistant Sessions Judge, Amalapuram, dated 08.02.2007.

±A±!g;.2_QF 2009(CRL.R.C.lVI.P.NO.854 of 20f"

Petitl-on under section 397(1) of CR.P.C., praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the sentence awared in sc.No. 265/2006 on the file of the Court of the Assistant Sessions Judge, Amalapuram, East Godavari District, Dt.08.02.2007 as modifl'ed by the orders passed in CrI.A.No. 42/2007 on the file of the court of the ll Additional District and Sessions Judge, East Godavari District, Amalapuram dt: 24.09.2008 and +.

release him on bail, Pending disposal of CRLRC 633 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 15.04.2009 made in CRL.R.C.M.P.NO.854 of 2009 made herein and having observed that there is no rep-resentation on behalf of the petitioner and of Public Prosecutor for Respondent, the Court made the following ORDER f[No representation for the petitioner even after posting the case as last chance and coercive steps would be initiated against the petitioner.

This Revision was filed against the concurrent finding of conviction for the alleged offence under Section 307 of Indian Penal Code (for short £the I.P.C').

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

On execution of such NBW, he shall be produced before the learned Assistant Sessions Judge, Amalapuram, who shall release him on furnishing bond for a sum of RsI10,000/-with two sureties for a like sum each to 1:he satisfac1:ion of the learned Assistant Sessions Judge, Amalapuram. The learned Assistant Sessions Judge, Amalapuram, is directed to issue notice to the sureties of the petitioner as why he should not be directed to pay-the amount stipulated in bonds for confiscation to the Government.

The learned Assistant Sessions Judge, Amalapuram, shall obtain affidavits from the petitioner for giving necessary instructions to his Counsel before the High Court for disposal of the Revision Case and appear before this Court on 01.09.2025.

+

Post on o1 log.2025.-" Sd/-S V S R MURTHY J OJRTsTRAR //TRUE COPY//

SECTION OFFICER To, 1. The Registrar(JudllciaI), High Court ofA.P., Amaravati.

2. The ll Additional District and sessions Judge, East Godavari District, Amalapuram.

3. The Assistant sessions Judge, Amalapuram, East Godavari District.

4. The Superintendent of police, Kakinada, ,East GodavarI-

District.(SPEED POST)

5. The Superintendent, central Jail, Rajahmundry, E.G.District.

®r\cO one cc to SRI N. V. ANANTHA KRISHNA, Advocate [OPUC]

The Section Officer, Criminal Section, High Court ofA.P.

Two cos to the PUBLIC PROSECUTOR, High Court ofA.P [OPUC]

9. One spare copy psk HIGH COURT DR.YLR,J DATED :30/06/2025 NOTE: POST ON 01.09.2025 ORDER CRLRC.No.633 of 20-09 y_,.-I DIRECTION Q A?

r Ei#

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMA }`_`.I MONDAY, THE THIRTIETH DAY OF JUNE, `i=3l TWO THOUSAND AND TWENTY FIVE :PRESENT:

HONOURABLE DR JUSTICE Y. LAKSHMANA

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