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) 15021

HIGH COURT OF ANDHRA PRADESH
T. MALLIKARJUNA, J
M/s Indian Potash Ltd. – Appellant
Versus
Government ofA.P. – Respondent
Criminal Revision Case No: 1927 of 2011 | Criminal Appeal No. 68 of 2009 | C.C.No.308 of 2005



Advocates:
For the Appellants/Petitioners: Mr. N.V.Ramana Murthy, Mr. M.S.Kothari
For the Respondents: Public Prosecutor

The absence of representation in court proceedings can lead to coercive measures such as issuing bailable warrants for the accused's presence to ensure case disposal.

Headnote:(A) Criminal Procedure Code, Sections 397 and 401 - Criminal Revision Case filed against the judgment passed in Appeal No. 68 of 2009, confirming earlier judgment on conviction and sentence from a lower court - No representation by petitioners during hearing led to issuance of bailable warrants for arrest - Petitioners directed to appear before the Additional Judicial Magistrate. (Paras 1, 3)

(B) Representation and Rights - Absence of representation for petitioners indicates lack of engagement in proceedings, leading to bailable warrants and necessary procedural compliance from the court. (Paras 2, 5)

Facts of the case:
The petitioners in this case, represented by their managerial personnel, seek to revise a conviction upheld by higher courts following a judgment from a Magistrate’s court. They were directed to provide representation, which was not fulfilled.

Findings of Court:
Issued bailable warrants for the arrest of petitioners, and stipulated bond requirements for their release by Judicial Magistrate.

Issues: Addressing the lack of representation and the procedural mechanics of arrest and bail in a revision context.

Ratio Decidendi: The court reinforces the importance of representation in legal proceedings and enforces bail conditions for the petitioners' return.

Result: Bailable warrants issued with compliance instructions for the petitioners.

.

IN THE HIGH COURT OF ANDHRA PRADESH AT AMAI WEDNESDAY, THE TWENTIETH DAY OF AUGu/s TWO THOUSAND AND TWENTY FIVE :PRESENT:

F`*l-

THE HONOURABLE SRI JUSTICE T MALLIKARJUNA CRIMINAL REVISION CASE NO: 1927 OF 2011 Between :

1. M/s Indian Potash Ltd., Rep. by Mr. N.V.Ramana Murthy, Age 62 years, Manager (MarketI'ng), Secunderabad.

2. M/s Bohra Industries Ltd., Rep. by Mr, M.S.Kotharj, Aged about 55 years, chief Quality Control offI-Cer, Udaipur-313001, Rajastan.

Petitioner/AppeIIant/Accusecl 1 &2 AND

1. Government ofA.P. Rep. by The Ass['stan{ Director ofAgr[-culture (Regular), Eluru, West Godavari District.

2. State, Rep. by its pubII'C Prosecutor, HI-gh Court ofAndhra pradesh, Amaravati.

Respondent/Respondent/complainant RevI'S][On fl'[ed under Sections 397 and 401 of Cr.P.C., praying that l'n the circumstances stated in the memorandum of grounds fl-led jn support of the crI-minal Revision case, the High Court may be pleased to aggrieved by the Judgment dated 14-09-2011 passed in criminal Appeal No.68 of 2009 on the flle Of the I Addjtjonal sess[|ons Judge, west Godavarj, Eluru in partly confirmI-ng the order and Judgment dated o6-4-2009 passed in c.c.No.308 of

2005 on the file of the " AddI-tjOna[ Judicial Magistrate of I Class, EIuru.

NO.2863 OF 2O7 petition under section 397 (1) Cr.P.C is filed praying that in the circumstances stated in the grounds filed in support of the petition, the High court may be pleased to suspend the conviction and sentence order dt.14-09-2011 passed I'n CrI-minaI Appeal No.68 of 2009 on the file of the I Additional Sessions Judge, West Godavari Eluru in confirming the conviction and sentence order dt.o6-4-2009 passed in C.C.No.308 of 2005 on the file of the ll Additional Judicial Magistrate of I Class, Eluru, Pending disposal Of CRLRC 1927 of 2011, on the file of the High Court.

The Revision coming on for hearing, upon Perusing.;tthe Petition and the memorandum of grounds filed in support thereof and the Order Of the High court dated:15.09.2011 and having observed that there iS nO representation for the pet-ltioners, the court made the following;

ORDER:

No representation on behalf of the petitioners.

Issue Bailable Warrants to the petitioners through Superintendent of Police concerned.

on arrest of the petitioners, they shall be released on bail on their executing a personal bond for Rs.10,000/-(Rupees Ten Thousand Only) with two sureties for a like sum each to the satisfaction of the learned ll Additional Judicial Magistrate of I Class, Eluru, who passed Judgment in c.c. No.308 of 2005. The learned lI Aclditional Judicial Magistrate of I class, EIuru, shall obtain undertaking affidavit from the Petitioners duly stating that they would give due instructions tO their COunSel for disposing of the case.

List the matter after four (04) weeks.

sd/-E.KAMESWAR RAG JOINT REGISTRAR //TRUE COPY//

SECTIO To]

1) The Registrar (Judicial), High Court of Andhra Pradesh, Amaravati

2) The I Additional Sessions Judge, West Godavari, Eluru

3) The ll Additional Judicial Magistrate of I Class, Eluru

4) The Super-lntendent, Sub-Jail, Eluru, West Godavari

5) The Superintendent of police, Eluru, West Godavarl-District (2 to 5 BY SPEED POST)

6) One CC to SRI. A CHANDRAIH NAIDU Advocate [opuc]

7) Two cos to PubII'C Prosecutor, HI'gh Court ofAP [OUT]

8) The SectI'On Officer, criminal Section, High CourLt1``qf Andhra pradesh, Amaravati.I

9) One spare copy KJ E=ELE t'

. {`,to I \

HIGH COURT TMR]J DATED : 20/08/2025 LIST THE MATTER AFTER FOUR (04) WEEKS ORDER CRLRC.No.1927 of 2011 ORDER OF WARRANT }=-rG I+ .zffr'

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARA WEDNESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE :PRESENT.I \)I,_J1=., , THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RA 0 I,':?Si.r`il¥`-#'`--'R=.]2 CRIMINAL REVISION CASE NO: 1927 OF 2011 Between :

1. M/s Indian potash Ltd., Rep. by Mr. N.V.Ramana Murthy, Age 62 years, Manager (Marketing), secunderabad.

2. M/s Bohra Industries Ltd., Rep. by Mr. M.S.Kothari, Aged about 55 years, chief Qu

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