The High Court dismissed a criminal revision petition challenging a conviction for cheating and violating the Passport Act. The court reduced the imposed sentence to the period of detention already undergone and dismissed the revision.
The sentence of imprisonment was reduced to the period of detention already undergone; the revision was dismissed.
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.
BAIL SLIP : The Petitioner/ Accused was directed to be released on bail by the order of the High Court dated 27.O7.2011 in Crl.R.C.M.P.No. 2300 of 2011 in Crl.R.C.No. 1565 of 2011.
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
WEDNESDAY ,THE FOURTH DAY OF OCTOBER TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRIJUSTICE E.V. VENUGOPAL
CRIMINAL REVISION CASE NO: 1565 OF2011
Criminal Revision Case filed under Sections 397 & 401 of Cr.P.C., against the Judgment daled 25.07 .201 1 passed in Cd.A.No. 106 of 2006 on the file of the Court of the lV Additional District Judge (ll Fast Track Court) at Nalgonda confirming the Judgment daled 25.04.2006 passed in C.C.No. 860 of 2003 on the file of the Additional Judicial Magistrate of First Class, Bhongir.
Between:
Varikuppala Buchaiah, S/o. Gandaiah, Age: 34 years, Occ: Agriculture Rl/o Therala Village, Gundala Mandal, Nalgonda District.
...PETITIONER/APPELLANT/ACCUSED
AND
The State of A.P., Represented by its Public Prosecutor, High Court of Andhra Pradesh, Hyderabad.
...RESPONDENT/ RESPONDENT
Counsel for the Petitioner : Sri JALLI KANAKAIAH, rep. Sri NARENDAR JALLI
Counsel for the Respondent : Sri VIZARATH ALl, ASSISTANT PUBLIC
PROSECUTOR
The Court made the following: ORDER
THE HONOURABLE SRI JUSTICE E. V. VENUGOPAL CRIMINAL REVISION CASE No.1565 OF 2O11
ORDER:
The present Criminal Revision Case is hled against the judgment dated 25.O7.2011 in Crl.A.No.1O6 of 2006 on the file of the Court of learned IV Additional District Judge (II Fast Track Court) at Nalgonda (for short, "the appellate Court"l in confrrming thejudgment dated 25.04.20O6 in C.C.No.860 of 2003 on the file of the Court of learned Additional Judicial First CleLss Magistrate, at Bhongir (lbr short, "the trial Court").
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certificate for obtaining fake passport thereby, deceiving the Government of India. Accused No.2 surrendered before the Sessions Court and obtained anticipatory bail.
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Court found thepetitioner guilty o[ the offenceundt:r Section 417 of I.P.C. Therefore, seeks to set asidethe impugned 'udgment.
7 . The trial Court, on behalf of therespondent ,examined PWs. 1 to 6 and marked Exs.Pl toP25. On behalf cl petitioners, none were examined and no documentwas marl<ed.The trial Court upon careful considerationof the oral and documentary evidence found that PWs.2 and 3,who were the villagers who identihed the person as VarikuppalaButchaiah from the photograph, turned hostile. PWs.4 and 5,who wert: the panchas to the seizurepanchanamaalso turned hostile.Hrls'ever, found that Ex P13 collected byPW6 corroborates with ttle evidence of PWl with regard to theoffenceof cheating comrnitted by the petitioner. Thereby, convicted thepetitioner-accuse'C No.1 for the offence of cheating underSection 417 of I.P.C and Section12(b) of the Passport Act.
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xerox copy of residential certificate. Further, neither PWlnor the lnvestigating Ofhcer, PW6 have taken pains to gather necessary evidentiary proof from the Office of Mandal Revenue Ofhce which ultimately lead to issuance of the above certihcate which was a xerox copy and rejected to adduce the same as secondary evidence and thereby acquitted accused No.2 from the alleged offence.
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punishable under Section 12(b) of Passport Act, l,)67 during the pendency of the case and released the petitioner on bail on executing personal bond for a sum of Rs.10,O()0/- with two sureties for a like sum each to the satisfacticn of learned Additional Judicial Magistrate of First Class, Bhongir, at Nalgonda District.
I 1 . However, as the petitioner, suffered mental agony and hardship during the course of litigation before the trial Court as well as the appellate Court, the sentence imposed upon the petitioner is hereby reduced to the period of detr:ntion already undergone by him under Section 428 of Cr.P.C.
Miscellaneous Petitions, pending if any, sha1l :;tand closed.
Sd/- M. MANJULA OEPUry REGISTRAR //TRUE COPY//
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To,
SECTION OFFICER
Njb
VH
HIGH COURT
DATED:0 411012023
ORDER
CRLRC.No.1565 ot 2011
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DISMISSING THE CRLRC.
2 issues framed by the court
Whether the High Court should interfere with the appellate court's judgment confirming conviction for cheating and obtaining a fake passport.
Whether the petitioner suffers mental agony and hardship necessitating a reduction in the sentence.
4 provisions across 3 enactments
Varikuppala Buchaiah
The State of A.P.
E. V. Venugopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
