Back
2023 Supreme(Online)(AP) 14160
HIGH COURT OF ANDHRA PRADESH THURSDAY ,THE SEVENTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY THREE PRSENT THE HONOURABLE SRI JUSTICE K SURESH REDDY CRIMINAL REVISION CASE NO: 710 OF 2023 Between:
1. NAMBURI SRIHARI S/o Namburi Nageswara Rao, Aged about. 59 years, Occ. Business Dr.No. 11-22-16, R.R.Appa Rao Street, Saibaba Satsang Building one town, Vijayawada (Urban). Krishna District, Andhra Pradesh.
...PETITIONER(S)
AND:
1. THE STATE OF ANDHRA PRADESH Rep. by its Public Prosectuor, High Court of Andhra Pradesh, Amaravathi, Velagapudi, A.P
2. Station House Officer. 1-Traffic Police Station, Vijayawada City.
...RESPONDENTS Counsel for the Petitioner(s): KADIYAM NEELAKANTESWARA RAO Counsel for the Respondents: PUBLIC PROSECUTOR (AP)
The Court made the following: ORDER THE HON’BLE SRI JUSTICE K.SURESH REDDY CRIMINAL REVISION CASE No. 710 OF 2023
JUDGMENT:
Questioning the quantum of sentence imposed by learned VII Additional Metropolitan Magistrate at Vijayawada (for short, ’the trial Court’) in S.T.C.No. 624 of 2023 dated 10-08-2023, the accused therein filed the present revision before this Court.
2. Heard Sri K.Neelakanteswara Rao, learned counsel appearing for the petitioner-accused, and learned Special Assistant Public Prosecutor appearing for the respondent-State.
3. Case of the prosecution in brief is that during drunken drive vehicle checking at Amma Hotel, within the limits of Traffic Police Station-I, Vijayawada City, the police intercepted one car bearing registration No. AP 11 AR 4677 driven by the petitioner-accused. When the police conducted breath analyzer test, they found that the petitioner-accused was under influence of alcohol vide BAC Test Report Test No. 07180009 on 08-07-2023 at 21.34 hours. According to the BAC Test Report, the petitioner-accused was in drunken state "BAC 210.2 MG/100 ML". On the basis of the said allegation, charge sheet was filed and the same was numbered as S.T.C.No. 624 of 2023 on the file of the trial Court.
4. When the petitioner-accused was examined under Section 251 Cr.P.C. by explaining the substance of accusation, he voluntarily admitted his guilt. On the basis of the said admission, the trial Court convicted the petitioner-accused for the offence punishable under Section 185 of Motor Vehicles Act and sentenced him to suffer simple imprisonment for a period of 09 days and also to pay a fine of Rs.10,000/-, in default to suffer simple imprisonment for a period of 15 days.
5. Feeling aggrieved, the petitioner-accused filed appeal before learned Metropolitan Sessions Judge, Vijayawada, but the same was returned with an objection as to its maintainability. Without resubmitting the appeal, the petitioner-accused preferred the present revision before this Court challenging the quantum of sentence alone.
6. Learned counsel for the petitioner-accused fairly concedes that he is not questioning the conviction recorded by the trial Court. Learned counsel submits that as the petitioner-accused involved in first offence, a lenient view may be taken with regard to sentence of imprisonment.
7. Having regard to the submission made by learned counsel for the petitioner-accused and as the petitioner-accused has already suffered 07 days of imprisonment, this Court is inclined to take a lenient view.
8. Accordingly, the sentence of imprisonment of 09 days is reduced to 07 days i.e. the period already undergone by the petitioner-accused. So far as the fine amount is concerned, the same remains unaltered.
9. With the above modification, the criminal revision case is disposed of at the stage of admission. Pending miscellaneous applications, if any, shall stand disposed of in consequence.
_____________________ JUSTICE K.SURESH REDDY Date: 17-08-2023, Note: Issue C.C. today.
B/O JSK HON’BLE SRI JUSTICE K.SURESH REDDY CRIMINAL REVISION CASE No. 710 OF 2023 DATE: 17TH AUGUST, 2023 JSK
