APHC010024802011 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3367]

(Special Original Jurisdiction)

TUESDAY ,THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRES ENT THE HONOURABLE SRI JUSTICE V SRINIVAS CRIMINAL REVISION CASE NOs: 2012 & 2014 OF 2011 Between in Crl.R.C.No.2012 of 2011:

Puli Lakshmana Swamy, Krishna District And 2 ...PETITIONER(S)

Others and Others AND The State Through Sho Eluru 1 Town Ps Wg ...RESPONDENT Dist Rep By Pp Between in Crl.R.C.No.2014 of 2011:

Pandarathi Haneefa ...PETITIONER(S)

AND The State Through Sho Eluru 1 Town Ps Wg ...RESPONDENT Dist Rep By Pp Counsel for the Petitioner(S):

VENKATASUBBAIAH V Counsel for the Respondent:

PUBLIC PROSECUTOR (AP)

The Court made the following:

COMMON JUDGMENT:

Assailing the common judgment dated 26.09.2011 in Crl.A.Nos.9 and 11 of 2009 on the file of the Court of learned I Additional Sessions Judge, West Godavari at Eluru, confirming the conviction and sentence imposed against the accused Nos.1, 5, 6 and 8 by the judgment dated 18.12.2008 in S.C.Nos.368 of 2007 and 130 of 2008 on the file of the Court of learned Principal Assistant Sessions Judge at Eluru, for the charge under Section 489(C) of Indian Penal Code (hereinafter referred to as “IPC”), the petitioners/accused Nos.1, 5 and 8 filed the Criminal Revision Case No.2012 of 2011 as well petitioner/accused No.6 filed the Criminal Revision Case No.2014 of 2011 under Section 397 r/w.401 of the Criminal Procedure Code, 1973 respectively.

2. These revision cases were admitted on 28.09.2011 and the sentence imposed against the petitioners was suspended, vide orders in Crl.R.C.M.P.Nos.3005 and 3008 of 2011, respectively.

3. The shorn of necessary facts are that:

i). On 01.09.2000 at about 07.30 p.m., P.W.1, who is an agricultural coolie presented a fake Rs.100/- currency note in the provisions store of P.W.3 and then P.W.3 questioned P.W.1 about the same. On the same day, P.W.1 lodged a complaint before I Town Police Station, Eluru and the same was registered as a case in Cr.No.197 of 2000 under Section 498(A)(B) of IPC and investigated into.

ii). Then P.W.14 seized two fake Rs.100/- denomination notes from P.W.1 under the cover of mediators report.

During the course of investigation, on 02.09.2000 at about 10.00 p.m., police arrested the accused No.1 and recovered four Rs.500/- denomination fake currency notes and five Rs.100/- denomination fake currency notes under the cover of Ex.P.4 mediators report. On the same day at about 11.30 p.m., police arrested accused Nos.2 and 3 at Pedana and seized thirteen Rs.500/- denomination fake currency notes, five Rs.100/- denomination fake currency note from accused No.3 under the cover of Ex.P.5 mediators report.

iii). In pursuance of information given by the accused Nso.2 and 3, on the intervening night of 2/3.09.2000 at about 01.30 a.m., police conducted raid on the house of accused No.4 at Poranki, Krishna District, seized ten Rs.500/- denomination fake currency notes and ten Rs.100/- denomination fake currency notes from accused No.4 and also seized seven Rs.500/- denomination fake currency notes and six Rs.100/- denomination fake currency notes from accused No.5 under the cover of Ex.P.6 mediators report.

iv). On the information given by accused Nos.1 to 5, police conducted raid in the Arimboor House D.No.1/2-

3-2, Mangalam Street, Wadakamchery village, Triruchur District, Kerala State and found accused Nos.6 and 8, seized seven bundles of Rs.500/- denominates fake currency notes, computers, scanners, printing material etc. under the cover of Ex.P.7 mediators report, they confessed that accused No.7 is the master mind behind the preparation of counterfeit currency notes and he (A.7) had taken fake currency notes worth of Rs.42,27,000/- to Vijayawada.

v). On that, on 06.09.2000 at about 08.00 a.m., police conducted raid on Room No.201 of Sangeetha Lodge, Vijayawada, arrested Accused No.7, seized counterfeit currency note bundles worth of Rs.41,27,000/- under the cove