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2026:APHC:18567 APHC010960372017

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

(Special Original Jurisdiction)

THURSDAY,THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY SIX

PRESENT THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA

CRIMINAL REVISION CASE NO: 3061/2017 Between:

1. T HOTADA HIRAN KUMAR, S/O LATE SEETHARAM, OCC PVT EMPLOYEE, R/O PLOT NO 35, ROAD NO 6, SATHAVAHANA

NAGAR, VANSTHALIPURAM, HYDERABAD.

2. T HOTADA SAROJINI, W/O LATE SEETHARAM, OCC PVT EMPLOYEE, R/O PLOT NO 35, ROAD NO 6, SATHAVAHANA

NAGAR, VANSTHALIPURAM, HYDERABAD.

...PETITIONER(S)

AND

1. T HOTADA KAMALA KUMARI SANTHI, W/O HIRAN KUMAR, OCC HOUSEHOLD, R/O LIG-2-49, APHB COLONY, OPP ZP,

SRIKAKULAM.

2. S TATE OF AP, REP BY ITS PP, HIGH COURT AT HYDERABAD ...RESPONDENT(S):

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 allow the Crl.R.C. by setting aside the judgment DT: 20.11.2017 in Crl.A.No 44/2015 passed by the Hon'ble Spl.Judge for trail of cases under SCs & STs (POA) Act 1989 Cum ADSJ, Srikakulam, partly confirming the judgment Dt:25.5.2015 of the Hon'ble JM of I Class ( Special Mobile Court), Srkakulam in C.C.No 193/2011 and acquit the Appellants herein and

pass

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CRL.R.C. No.3061 of 2021072 6:APHC:18567

IA NO: 1 OF 2017(CRLRCMP 4971 OF 2017 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 grant interim suspension of the Judgment, dt:20.11.2017 passed by the Hon'ble Spl. Judge for trail of cases under SCs & STs (POA) Act 1989 Cum ADSJ, Srikakulam, in Crl.A.No.44/2015, pending

disposal of the Crl.Revision, and pass Counsel for the Petitioners:

1. SREENIVAS PADALA Counsel for the Respondents: 1. PUBLIC PROSECUTOR (AP) The Court made the following:

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CRL.R.C. No.3061 of 2021072 6:APHC:18567

THE HON’BLE SRI JUSTICE SUBHENDU SAMANTA

CRIMINAL REVISION CASE NO: 3061 OF 2017

ORDER:

1. Inspite of the matter is being listed under the caption ‘for dismissal’, none appears on behalf of the petitioners.

2. Instant criminal revision case, under Sections 397 and 401 of the

Code of Criminal Procedure, 1973, has been filed against the judgment dated 20.11.2017, passed by the Special Judge for Trial of cases under SCs & STs(POA) Act, 1989-cum-Additional District & Sessions Judge, Srikakulam, in Crl.A.No.44 of 2015, whereby learned Sessions Judge confirmed and modified the judgment dt.25.05.2015 passed by the Judicial Magistrate of I Class, Special Mobile Court, Srikakulam, in C.C. No.193 of 2011, and reduced the sentence of imprisonment for A.1 to undergo simple imprisonment for a period of one year for the offence under Section 498-A of I.P.C. and also reduced the sentence for A.3 and sentenced to undergo simple imprisonment for a period of six months for the offence under section 4 of Dowry Prohibition Act and sentence of fine imposed by the trial court for the offence under section 498-A of I.P.C. and section 4 of Dowry Prohibition

Act is confirmed.

3. I have perused the order passed by the learned trial court.

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CRL.R.C. No.3061 of 2021072 6:APHC:18567

4. On careful observation of the findings, it appears that learned

Special Judge has reduced the conviction and sentence and sentenced A.1 to undergo simple imprisonment for a period of one year for the offence under Section 498-A of I.P.C. and also reduced the sentence for A.3 and sentenced to undergo simple imprisonment for a period of six months for the offence under section 4 of Dowry Prohibition Act and sentence of fine imposed by the trial court for the offence under section 498-A of I.P.C. and section 4 of Dowry Prohibition Act by fixing several points for determination. The order of conviction and sentence has also mentioned the evidentiary value of the witnesses in detail and the

documents placed by the parties has also been scanned.

5. On a care