The High Court dismissed the criminal revision filed under Sections 397/401 Cr.P.C. as withdrawn by the petitioner who had already paid the compensation amount ordered in the lower court judgment dated 06.03.2010.
The Criminal Revision Case No. 969 of 2010 was dismissed as withdrawn.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
PRESENT
THE HONOURABLE SRI JUSTICE V.SRINIVAS
CRIMINAL REVISION CASE NO: 969 OF 2010
BETWEEN: Padmanabhuni Ramakrishna Rao, S/o. Late Jalaiah, aged 44 years, R/o. Nagulappelapadu Village & Mandal, Prakasam District. ...Petitioner/Accused
AND
Revision filed under Section 397/401 of Cr.P.C call for entire records connected to calendar and judgment dt.06-03-2010 in Crl.A.No.95 of 2009 passed by the learened District and Sessions Judge, Ongole in so far as confirming conviction and awarding compensation with default sentence is concerned, as recorded in calendar and judgment dt.16-06-2009 inCC.No.299of2007onthefile of the Court of learned Spl. J.F.C.M., (Excise) Ongole,examinethesameandset it aside and consequently set-aside that portion of awarding compensation with default sentence.
Counsel for the Petitioner:- SRI. NIMMAGADDA SATYANARAYANA
Counsel for the Respondents:- SRI. MADHAVA RAO NALLURI
Counsel for the Respondents:- PUBLIC PROSECUTOR
The Court made the following ORDER:-
THE HON'BLE SRI JUSTICE V.SRINIVAS A'
CRIMINAL REVISION CASE No.969 of 2010
ORDER;
Learned counsel for the revision petitioner/accused as well learned counsel for the 2*^^ respondent/complainant present.
- Learned counsel for the petitioner filed a memo stating that 2nd respondent/complainant filed Crl.Mp.No. 1890of2017 on the file of the Court of learned Special Judicial Magistrate of First Class (Prohibition 85 Excise), Ongole, under Section 431 of Cr.P.C. 8s Section 67 of IPC, prays to issue non bailable warrant against the petitioner, as he failed to comply the judgment, dated 06.03.2010 in Crl.A.No.95 of 2009, passed bythelearned Sessions Judge, Ongole.
/;
- For which, the petitioner/accused herein appeared through his counsel and paid the amount to the complainant and complainant filed memo before the learned SpecialJudicial Magistrate of First Class (Prohibition & Excise), Ongole, on 12.06.2017 to that effect and the same was recorded and the entire proceedings were closed.
- Now, the learned counsel for the petitioner/accused submits that he wants to bring the said fact of paymentofentire
f
2
amount, which was ordered in Crl.A.No.95 of 2009 on the file of the Court of learned Sessions Judge, Ongole, on record and he intends to withdraw the present revision. He also made an endorsement on the petition also. 5. Thereby, the present Criminal Revision Case is dismissed as withdrawn as no orders are required since the entire amount ordered in Crl.A.No.95 of 2009 on the file of Court of learned Sessions Judge, Ongole, has already been paid by the petitioner herein to the 2*^^ respondent/complainant. In view of the above, the order, dated 16.11.2023 passed in the present criminal revision is hereby recalled.
As h sequel, miscellaneous applications pending, if any. shall stand closed.
Sd/- V DIWAKAR DEPUTY REGISTRAR
//TRUE COPY//
SECTION OFFICER
To, 1 The District and Sessions Judge, Ongole 2 The Special Judicial Magistrate First Class, ExciseOngote_ 3 One CC to Sri. Nimmagadda Satyanarayana, Advocate[OPUCJ 45. TwoOne CCCCstotoSri.PublicMadhavaProsecutor,Rao Nalluri,High CourtAdvocateof Andhra[OPUC]PradeshatAmaravathi. rni[OUT] iTi 6. Three C.D Copies.
SSL
VNA
HIGH COURT DATED:15/12/2023
ORDER
CRLRC.N0.969 OF 2010
DISMISSING THE CRIMINAL REVISION CASE
3 issues framed by the court
Whether the criminal revision should be kept pending or dismissed having regard to the fact that the petitioner had already paid the compensation amount ordered in Crl.A.No.95 of 2009.
Whether the order passed on 16.11.2023 in present criminal revision should be recalled on account of withdrawal of the petition.
Whether miscellaneous applications pending, if any, shall stand closed.
1 provisions across 1 enactments
Padmanabhuni Ramakrishna Rao
The State of Andhra Pradesh
Chunduri Tirupathaiah
V. Srinivas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
