Allowed

Ponnari Bala Dastatgiri v. the State of Andhra Pradesh

Andhra Pradesh HC17 Aug 2023CRLP/646/2023

Case brief

AI extract

What is this about?

Hon'ble Justice K Sreenivasa Reddy allowed the Criminal Petition filed by Ponnari Bala Dastatgiri challenging a default dismissal order. The High Court set aside the impugned order and directed the Sessions Judge to afford an opportunity of hearing and dispose of the matter expeditiously.

What did the court decide?

The impugned order dated 02.12.2022 is set aside and the learned Sessions Judge is directed to dispose of the petition afresh after affording an opportunity of hearing to the petitioner within four mo

Ponnari Bala Dastatgiri Vs the State of Andhra Pradesh — Caste Atrocities | Andhra Pradesh HC (2023)

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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THURSDAY, THE SEVENTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY THREE

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PRESENT

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HONOURABLE SRI JUSTICE K SREENIVASA REDDY

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o
p

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CRIMINAL PETITION NO: 646 OF 2023

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Between:

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Ponnari Bala Dastatgiri, S/o Dastagiri, 58y. R/o of Old D.No.3-10-1/K, New Door No. 12-15-466, Old Pattabhuram, Guntur City, Guntur.

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...Petitioner AND

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The State of Andhra Pradesh, Rep. by the Public Prosecutor, High Court of Andhra Pradesh, Amaravati

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...Respondent

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Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to set aside order dt. 2nd day of December, 2022 in Crl.M.P.No.1799 of 2022 in S.C.N0.I6/S/20I6 on the file of the Special Sessions Judge appointed for trial of cases under Scheduled casts and Tribes (Prevention of Atrocities) Act,T989-cum IV Addl. Sessions Judge, Guntur

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I.A.No:1 of 2023

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Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds'of Criminal Petition,the High Court may be pleased to stay all further proceedings in S.C.16/S/2016 on the file of the Honorable Special Sessions Judge appointed for trial of cases under Scheduled casts and Tribes, Guntur.

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This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Ponnari Bala Dastatgiri, Party in Person and the Public Prosecutor on behalf of the Respondent.

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The Court made the following:-

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HON'BLE SRI JUSTICE K. SREENIVASA REDDY

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Criminal Petition No.646 of 2023

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Order:

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This Criminal Petition, under Section 482 Cr.P.C., has been filed against the order dated 02.12.2022 passed in CrI.MP No.1799 of 2022 in SC N0.I6/S/20I6 by the learned Special Judge for trial of Cases under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989-cum-IV Additional Sessions Judge, Guntur. 2. The petitioner herein filed CrI.MP No.l799 of 2022 in SC N0.I6/S/20I6, under Section 173(8) Cr.P.C., and Section 15-A(5) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, to direct the respondents 1 and 2 therein to investigate the matter in SC N0.I6/S/20I6 further by the officer not beiow the rank of the Superintendent. of Police or entrust the investigation to other investigating agencies like CBCID, CBI etc. The said petition was dismissed by the learned Sessions Judge, by an order dated 02.12.2022, which reads as follows.

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"Petitioner is called absent and no representation on behalf of the petitioner. In the previous . adjournment, dated 24.11.2022, at the request of counsel for the petitioner posted to 02.12.2022 finally. This is a old sessions case of 2016 commenced trial

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already. Since, petitioner is not showing interest, this petition is dismissed for default."

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The petitioner, who is appearing as party-in-person, submits that he was present in the Court on the said date when the matter was passed over, thereafter, the learned Sessions Judge has not taken up the matter and, without giving any opportunity of hearing to him, . erroneously dismissed the said application for default. Hence, he prays that an opportunity may be afforded to him to submit his case before the learned Sessions Judge.

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Having regard to the facts and circumstances of the case. though it is a case of the year 2016, I am of the considered opinion that an opportunity can be afforded to the petitioner herein to make his submissions before the learned Sessions Judge with regard to the aspect as to whether an order can be passed under Section 173(8) Cr.P.C., or not.

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Accordingly, the Criminal Petition is allowed and the Impugned order dated 02.12.2022 passed in CrI.MP No. 1799 of 2022 in SC NO.16/S/2016 by the learned Special Judge for trial of Cases under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989-cum-IV Additional Sessions Judge, Guntur, is hereby set aside. The learned Sessions Judge is directed to dispose of CrI.MP

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No. 1799 of 2022 afresh, in accordance with law, after affording an opportunity of hearing to the petitioner herein, as expeditiously as possible, preferably within a period of four (4) months from the date of receipt of a ropy of this order. The parties shall cooperate with the learned Sessions Judge in disposal of the case. 6. /Vs a sequel thereto, the miscellaneous petitions, if any, pending in this criminal Petition shall stand closed.

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Sdl-KJAJARM DEPTU^I^^TRAR / //TRUE COPY// .^s^SECTION OFFICER To, 1. The Special Judge for trail of Cases b„u under the Schedule Castes and the Schedule Tribes (Prevention Atrocities) Act ’ 1989-cum-IV Additional Sessions Judge. Guntur. 3 Onl CC P^ttabhipuram Police Station, Guntur District. 4 Twn Dastatgiri. Party in Person [OPUC] ^wo CD eopi^^ Amaravati [OUT] PGR VNA

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HIGH COURT

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DATED: 17/08/2023

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ORDER

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CRLP.No.646 of 2023

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I
t
3 0 AUG 2023
X Current Section

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ALLOWING THE CRLP

Ponnari Bala Dastatgiri v. the State of Andhra Pradesh

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Ponnari Bala Dastatgiri v. the State of Andhra Pradesh

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