THE HON’BLE SMT.JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.10919 of 2025 ORDER:-

1. This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking to set-aside the orders dated 24.01.2025 passed in Crl.M.P.No.232 of 2025 in Crl.A.No.39 of 2025, on the file of the learned XVI Additional Judge-

cum-XX Additional Chief Metropolitan Magistrate, Secunderabad.

2. Heard Sri M.Ratan Singh, learned counsel for the petitioner as well as Sri Jitender Rao Veeramalla, the learned Additional Public Prosecutor appearing for the respondent -State.

3. Notice sent to respondent No.2 is returned unserved saying that no such person resides in the said address. The notice was sent on the same address as it appears in the complaint. Hence, it is held to be deemed service.

4. Learned counsel for the petitioner has submitted that the First Appellate Court vide orders dated 24.01.2025 passed in Crl.M.P.No.232 of 2025 in Crl.A.No.39 of 2025 has granted suspension of sentence imposed by the Trial Court subject to certain conditions that the petitioner shall deposit 20% of the compensation amount of Rs.8,01,458/- in three spells i.e., Rs.60,000/- by

28.02.2025, Rs.60,000/- by 28.03.2025 and Rs.40,292/- by 28.04.2025 respectively and in case, if the petitioner fails to deposit the same, NBWs would be issued against him. Aggrieved by the same, the present Criminal Petition is filed.

5. Learned petitioner’s counsel seeks extension of time for depositing the above said amounts for the reason that the petitioner could not accumulate his resources in time. The petitioner was convicted vide judgment dated 24.12.2024 passed in C.C.NI.No.75 of 2024 (old STC.NI.No.5318 of 2022) and has gone in Appeal vide Crl.A.No.39 of 2025 along with Crl.M.P.No.232 of 2024 and in the said Crl.M.P.No.232 of 2024, the impugned orders are passed on 24.01.2025 suspending the sentence imposed by the Trial Court subject to condition that the petitioner shall deposit 20% of the compensation amount of Rs.8,01,458/- in three spells i.e., Rs.60,000/- by 28.02.2025, Rs.60,000/- by 28.03.2025 and Rs.40,292/- by 28.04.2025 respectively and in case, if the petitioner fails to deposit the same, NBWs would be issued against him. Since the petitioner failed to accumulate his resources in time, he is before this Court seeking extension of time.

6. Considering the facts and circumstances of the case, the time fixed by the Trial Court is enlarged and the petitioner is directed to deposit the said amounts in three installments as stipulated in the order dated 24.01.2025. However, the 3 spells commence from the date of receipt of a copy of this order i.e., within one month from the date of receipt of this order, the first installment i.e., Rs.60,000/- has to be paid; the 2^nd installment i.e., Rs.60,000/- has to be paid within 15 days from the date of 1^st installment and the 3^rd installment i.e., Rs.40,292/- has to be paid within 15 days from the date of 2^nd installment. However, it is made clear that the above order has to be complied strictly and any deviation from the order would nullify the order and the judgment of the Trial Court shall be enforceable.

7. With the said observations, the Criminal Petition is disposed of.

8. Miscellaneous petitions pending, if any, shall stand closed.

____________________________ JUSTICE TIRUMALA DEVI EADA Dt.07.10.2025 ysk THE HON’BLE SMT.JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.10919 of 2025 Dt.07.10.2025 ysk