Chilakamarthy Siva Rama Krishna Vs the State of Andhra Pradesh

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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TUESDAY, THE FOURTH DAY OF MARCH

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TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA

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CRIMINAL APPEAL NO: 212 OF 2023

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Appeal under Section 378(4) of Cr.P.C., against the Judgment in C.C.No.467/2019, Dated 10-02-2023 on the of the Court of III Additional Metropolitan Magistrate at Vijayawada., Andhra Pradesh.

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Between:

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Chilakamarthy Siva Rama Krishna, S/o. late Rama Krishnaiah, Hindu, Aged about 59 years, R/o. Srinivasa Nagar, Bank Colony, Vijayawada. Krishna District, Andhra Pradesh.

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...Appellant/Complainant

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AND

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

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...Respondent

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Matti Kiran kumar, S/o. Patick, Hindu, about 50 years, R/o. Dr No 2420-7, Adiraju Street, Hamasa Buildings, Durgapuram, Vijayawada, Andhra Pradesh.

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...Respondent/Accused

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S'

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Counsel for the Appellant: Sri Pavan Kumar Pasupuleti

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Counsel for Respondent No.1: Assistant Public Prosecutor

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Cbunsel for Respondent No.2: None Appeared

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The Court made the following:

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V,

APHC010108242023

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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[3396]

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(Special Original Jurisdiction)

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TUESDAY ,THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA

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CRIMINAL APPEAL NO: 212 OF 2023

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Between:

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Chilakamarthy Siva Rama Krishna

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...APELLANT

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AND

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The State Of Andhra Pradesh and Others

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...RESPODENT(S)

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Counsel for the Appellant:

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1.PAVAN KUMAR PASUPULETI

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Counsel for the Respondent(S):

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1.PUBLIC PROSECUTOR (AP)

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The Court made the following:

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JUDGMENT:-

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The present Criminal Appeal has been filed by the Appellant/ Complainant questioning the Judgment dated 10.02.2023 passed in C.C.No.467 of 2019 on the file of the Court of III Additional Metropolitan

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Magistrate, Vijayawada.

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Heard Sri Pasupuleti Pavan Kumar, learned counsel for the

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Appellant.

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As per Office Note, notice is served on respondent/ Accused, but none represented on his behalf.

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Learned counsel for the Appellant would submit that due to non appearance of the appellant before the Trial Court,^the case was dismissed for non prosecution. Since severe back ach of the petitioner, he could not appear before the Trial Court and his absence before the Trial Court is neither intentional nor deliberate. Learned counsel finally submits that as fair opportunity may be given to the appellant to prosecute the case before the Trial Court.

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The record would show that the matter is coming up for evidence of the appellant for two times. even earlier to the date of dismissal. The respondent, having received notice, the respondent/ Accused did not raise any objection to oppose the Criminal Appeal.

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Considering the submissions made, the Criminal Appeal is allowed on payment of costs of Rs. 10,000/- (Rupees ten thousand only) payable to the counsel for the respondent/ Accused before the Trial Court, within two (02) weeks from the date of receipt of a copy of this order. The impugned Judgment dated 10.02.2023 passed in C.C.No.467 of 2019 on the file of the Court of III Additional Metropolitan Magistrate, Vijayawada Is hereby set aside and the matter is remanded to the Trial Court for fresh disposal, according to law.

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I

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As a sequel thereto, miscellaneous petitions pending, if any, shall stand

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closed.

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Sd/- S.V.S.R.MURTHY JOINT REGISTRAR

//TRUE COPY//

To.

' SECTION OFFICER

The III Additional Metropolitan Magistrate, Vijayawada, Krishna District. 2. The Additional Judicial Magistrate of First Class, Markapur, Prakasam District.

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