APHC010671182010 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3560]

(Special Original Jurisdiction)

THURSDAY,THE TWENTY SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA CRIMINAL REVISION CASE NO: 2360/2010 Between:

1. R AYAPURI DAVID,, S/O. R.YELLAPPA, DRIVER OF A.P.S.R.T.C ALLAGADDA TOWN, KURNOOL DISTRICT.

...PETITIONER AND

1. T HE STATE OF AP REP BY ITS PP HYD, rep. by its Public Prosecutor, High Court of A.P., at Hyderabad. Through SHO, Orvakal Police Station ...RESPONDENT Revision filed under Section 397/401 of Cr.P.C praying that in the circumstances stated in the affidavit filed in support of the Criminal Revision Case, the High Court may be pleased to present this Criminal Revision Case being aggrieved by the Judgment dated 01.11.2010 passed in Crl.A.No.165 of 2009 Prl. Sessions Judge, Kurnool confirming the order of the learned Special Judicial Magistrate of II Class Court, Kurnool in CC.No. 3 of 2008 dt.11.08.2009 IA NO: 1 OF 2010 (CRLRCMP 3551 OF 2010 Petition under Section 151 CPC 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 made in Judgment dated 01.11.2010 passed in Crl.A.No.165 of 2009 Prl. Sessions Judge, Kurnool confirming the order of the learned Special Judicial Magistrate of II Class Court, Kurnool in CC.No. 3 of 2008 dt.11.08.2009 IA NO: 1 OF 2011(CRLRCMP 527 OF 2011 Petition under Section 151 C.P.C praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant bail to the petitioner in Crl.A.No.165 of 2009 on the file of the Prl. Dist. & Sessions Judge, Kurnool, dated 01.11.2010 which was passed in confirming the Order in C.C.No.3 of 2008, dt.11.08.2009 on the file of the learned Special Judicial Magistrate of II Class Court, Kurnool, pending disposal of the Crl.R.C.

Counsel for the Petitioner:

1. VARUN BYREDDY

2. LEGAL AID Counsel for the Respondent:

1. PUBLIC PROSECUTOR The Court made the following:

THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA CRIMINAL REVISION CASE NO: 2360/2010

O R D E R:

The petitioner was arrayed as an accused for the offence punishable under Sections 337 and 338 of the Indian Penal Code (for short I.P.C) in a case being numbered as CCNo.3 of 2008 before the learned Special Judicial Magistrate of II Class, (Rural) Kurnool. After investigation, police submitted charge sheet against the present petitioner for the offence punishable under Sections 337 and 338 of I.P.C., summons were issued over the accused accordingly.

2. Facts suggest that the matter was adjourned before the learned Magistrate time and again. The learned Counsel for the Petitioner filed an application for preponing the date. Accordingly, the case was advanced on 11.08.2009. The particular date was fixed for examination of the accused under Section 251 of Criminal Procedure Code (for short Cr.P.C). When the accused appeared on the date before the learned Magistrate, the Magistrate proceeded to demonstrate the substance of accusation to the Petitioner, on such, the Petitioner alleged to have been voluntarily admitted the offence by pleading guilty. The learned Magistrate concerned has recorded his voluntary admission in the docket Order dated 11.08.2009 and passed the Order of conviction. The petitioner was sentenced to pay a total fine amount of Rs.1500/- (Rupees one thousand and five hundred only) for the offence punishable under Sections 337 and 338 of I.P.C.,.

3. Against such Order of conviction, the petitioner approached before the Hon’ble Principal Sessions Judge, Kurnool in Criminal Appeal (for short (Crl.A) No.165 of 2009. The learned Sessions Judge accepted the Appeal, heard the appeal under Section 375 Cr.P.C., not under the provisions of 374(3) of Cr.P.C., as the appeal is against voluntary admission by the petitioner. Learned Appellate Court has confirmed the Order of conviction, against which, th