Donkaatchayamma vs. . K.Santhosha Rao

Court:High Court of Andhra Pradesh
Judge:Hon'ble Subba Reddy Satti
Case Status:Unknown Status
Order Date:3 Nov 2021
CNR:APHC010400012021

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Order Issued After Hearing

Purpose:

For Admission

Before:

Hon'ble M.Satyanarayana Murthy

Listed On:

3 Nov 2021

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Order Text

MAIN CASE NO: C.C.No.1880 OF 2021

SL.<br>NO.DATEORDEROFFICE<br>NOTE
1.03.11.2021MSM,J
Issue notice to respondents.
Post after four (4) weeks.
_______
MSM,J<br>EPS
SL.<br>NO.DATEORDEROFFICE<br>NOTE

MAIN CASE NO: W.P.No.20610 of 2019

SL.<br>NO.DATEORDEROFFICE<br>NOTE
21.12.2019MSM,J
Learned Government Pleader for Civil Supplies
seeks time to file counter. Time is extended for filing
counter for a period of two (02) weeks.
As seen from the petition,<br>the petitioner sought
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interim direction to suspend the impugned order and
during<br>hearing<br>the<br>learned<br>counsel<br>for<br>petitioner
highlighted the action of the 2nd respondent in passing
the order calling for report of Tahsildar.
After<br>completion<br>of<br>enquiry<br>on<br>05-12-2019
passing an order acting on discreet enquiry referred in
page 5 of the order impugned in this Writ Petition is a
serious irregularity and contrary to the principles laid
down by the High Court of Judicature at Hyderabad
for the State of Telangana and the State of Andhra
Pradesh in W.P.Nos.22158 and 22190 of 2017, dated
21-08-2018. Therefore, the order impugned in this
Writ Petition is suspended for a period of two (02)
months.
In the meantime, the learned Government Pleader
for Civil Supplies is<br>at liberty to file his counter.
Post the matter after two (02) weeks.
________<br>MSM, J
IS
SL.<br>NO.DATEORDEROFFICE<br>NOTE

MAIN CASE NO: W.P No.18307 OF 2019

SL.<br>NO.DATEORDEROFFICE<br>NOTE
1.18.11.2019MSM,J
W.P No.18307 of 2019
Issue notice to respondents Nos.2 and 3. The
Standing Counsel for Endowments, takes notice for 3rd
respondent.
The learned Counsel for the petitioner is also
permitted to take out personal notice to 2nd respondent
by RPAD and file proof service into the Registry within
four weeks.
________<br>MSM, J
I.A No.1of 2019
The petitioner is questioning G.O.Rt.No.1091
issued by Revenue (Endowments II) Department, dated
01.11.2019,<br>superseding<br>the<br>existing<br>trust<br>board,
before expiry of tenure of two years, only on the
ground that in view of amendment with effect from
22.08.2019 to Section 17 of A.P Charitable and Hindu
Religious Institutions and Endowments Act, 1987,
Endowments Department is competent to supersede
the<br>existing<br>trust<br>board.<br>But<br>there<br>is<br>a<br>serious
controversy about application of the G.O to already
existing trust boards, more particularly whether it has
got prospective or retrospective<br>effect<br>and thereby I
find that there is prima facie case i.e. arguable case, in
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favour of the petitioner. Hence, I find it is a fit case to
grant interim order suspending the G.O for a period of
one month.
Accordingly,<br>G.O.Rt.No.1091,<br>Revenue
(Endowments<br>II)<br>Department<br>dated<br>01.11.2019<br>is
suspended<br>for<br>a<br>period<br>of<br>one<br>month.<br>In<br>the
meanwhile the respondents are directed to file their
counter.
________<br>MSM, J
Rvk

MAIN CASE NO: W.P No.18054 OF 2019

SL.<br>NO.DATEORDEROFFICE<br>NOTE
1.14.11.2019MSM,J
W.P No.18054 of 2019
Since<br>the<br>petitioner<br>is<br>questioning<br>the
amendment to Section 17 of<br>the amended Act<br>31 of
2019, vide G.O.Rt No.1100 dated 06.11.2019 which
created services in Trust Board,<br>in the writ petition,
the<br>Registry is<br>directed<br>to list<br>the matter<br>before
appropriate<br>bench,<br>as<br>per<br>Roster,<br>after<br>obtaining
permission from the Hon'ble Chief Justice.
________<br>MSM, J
Rvk
SL.<br>NO.DATEORDEROFFICE<br>NOTE

MAIN CASE NO: W.P No.18038 OF 2019

SL.<br>NO.DATEORDEROFFICE<br>NOTE
1.12.11.2019MSM,J
W.P No.18038 of 2019
Standing Counsel for 3rd<br>respondent temple,
seeks time to obtain instructions from the concerned.
Post on 19.11.2019.
________<br>MSM, J
I.A No.1 of 2019
There shall be an interim direction, not to
dispossess the petitioner till 19.11.2019.
________<br>MSM, J
Note: Issue C.C today.<br>b/o.
Rvk
SL.<br>NO.DATEORDEROFFICE<br>NOTE

MAIN CASE NO: W.P No.17848 OF 2019

SL.<br>NO.DATEORDEROFFICE<br>NOTE
1.12.11.2019MSM,J
W.P No.17848 of 2019
Learned Assistant Government Pleader for
Endowments takes notice for respondent Nos.1 to 3.
Sri<br>G.<br>Ramana<br>Rao,<br>Standing<br>Counsel<br>for
Endowments takes notice for 4th respondent.
Issue notice to<br>unofficial<br>respondent Nos.5 to
11. The learned Counsel for the petitioner is also
permitted to take out personal notice to respondent
Nos.5 to 11 by RPAD and file proof of service into the
Registry within two weeks.
Post after two weeks.
________
MSM, J
I.A No.1 of 2019
As<br>seen<br>from<br>the<br>material<br>on<br>record,
respondent Nos.5 to 11 were appointed as members of
trust board for Sri Yogabhogeswara Swamy Temple,
Chippili village, Madanapalli Mandal, Chittoor District,
on the recommendation made by P.V Midhun Reddy,
Member of Parliament, Lok Sabha. His letter dated
16.10.2019,<br>disclose<br>the<br>recommendation<br>for
appointment of the following persons:
1.B. Venkata Ramana, S/o.B.Akkulappa,
2.G. Gangulappa, S/o.G. Obuleshu,
3.M. Ravi Kanth Reddy, S/o.M. Rama Chandra Reddy,
4. P. Sujatha, W/o.P. Jayanarayana Reddy,
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5.B. Eswaramma, W/o.B. Akkulappa,
6.D. Jaya Prakash, S/o.D. Anjanappa,
7.T. Visweswara Prasad,
8.M. Saradamma.
Yet, another contention raised before this Court
is that no antecedents enquiry was conducted to
appoint respondent Nos.5 to 11 as required under
G.O.Ms.No.258<br>Revenue<br>(Endowments-I)<br>dated
31.03.1988 and Clause 6 (1)<br>directs the appointing
authority to cause verification of antecedents, through
the subordinate officers or the authority may himself
verify the antecedents in case of those applications
received in pursuance of the notification issued under
Sub-Rule (1) of Rule 4. But no such antecedents
enquiry was conducted,<br>according to the Counsel for
the petitioner. However, it is evident from the record
that<br>on<br>the<br>recommendation<br>of<br>the<br>Member<br>of
Parliament,<br>Lok<br>Sabha,<br>these<br>appointments<br>were
made, prima facie contrary to the law declared by this
Court in W.P No.4522 of 2000 dated 10.04.2000.
In<br>another<br>judgment<br>reported<br>in<br>Pagadala
Pratap and another v. State of A.P represented by
its Principal Secretary to Government, Department
of Revenue (Endowments), Hyderabad and others
in 2010 (4) ALT 510, the Single Judge of High Court of
A.P at Hyderabad, observed as follows:
"While<br>public<br>representatives,<br>be<br>they<br>MLAs<br>or<br>Ministers,<br>may<br>be<br>entitled<br>to<br>recommend persons whom they consider to<br>be entitled for appointment as trustees of
SL.DATEORDEROFFICE
NO.religious<br>institutions,<br>neither<br>can<br>they<br>dictate<br>these<br>persons<br>be<br>appointed<br>as<br>trustees nor can the competent authority<br>surrender its discretion and abdicate its<br>statutory duty of appointing only those<br>persons<br>as<br>trustees<br>who<br>satisfy<br>the<br>conditions prescribed in Act 30 of 1987,<br>and<br>the<br>Trustees<br>Rules.<br>Only<br>those<br>recommended by the Minster of Information<br>and Public Relations, as forwarded to him<br>by the local M.L.A, (other than the two who<br>were found ineligible), have been blindly<br>appointed as trustees without adhering to<br>the statutory provisions of Act 30 of 1987<br>or<br>the<br>statutory<br>rules<br>i.e.<br>the Trustees<br>Rules,<br>1987.<br>Appointing<br>those<br>recommended by the Minister as trustees is<br>evidently<br>at<br>his<br>dictates,<br>and<br>reflects<br>surrender of discretion and abdication of<br>duty<br>by<br>the<br>competent<br>authority.<br>The<br>impugned<br>G.O,<br>appointing<br>only<br>those<br>recommended<br>by<br>the<br>Minister<br>for<br>information<br>and<br>Public<br>Relations,<br>as<br>trustees without independent exercise of<br>mind is ultra vires.<br>In view of the principles laid down in the<br>above judgment, appointment of respondent Nos.5 to<br>11,<br>based<br>on<br>the<br>recommendation<br>made<br>by<br>P.V<br>Midhun Reddy, Member of Parliament, Lok Sabha by<br>his letter dated 16.10.2019 is an illegality, prima facie,<br>if they are not ineligible.<br>Therefore,<br>the<br>proceedings<br>in<br>Rc.No.D1/14027(31)/10/2019<br>dated<br>18.10.2019,<br>appointing respondent Nos. 5 to 11 as members of<br>trust board for Sri Yogabhogeswara Swamy Temple,<br>Chippili village, Madanapalli Mandal, Chittoor District<br>is hereby suspended for a period of two (2) months.NOTE
________<br>MSM, J<br>Rvk
SL.<br>NO.DATEORDEROFFICE<br>NOTE

MAIN CASE NO: W.P No.17809 OF 2019

SL.<br>NO.DATEORDEROFFICE<br>NOTE
1.11.11.2019MSM,J
W.P No.17809 of 2019
Post on 18.11.2019.
I.A No.1 of 2019
Heard the learned Counsel for the petitioner.
In the meanwhile, considering his submissions, that
in similar circumstances, in W.P No.12824 of 2019, this
Court passed interim direction directing the respondents to
restore the DIN number of the petitioner company; there
shall be interim direction to the respondents to restore the
DIN number of the petitioner company to enable it to
discharge its statutory functions for all the companies
which are classified as active.
________<br>MSM, J<br>Rvk
SL.<br>NO.DATEORDEROFFICE<br>NOTE

MAIN CASE NO: W.P No.17434 OF 2019

SL.<br>NO.DATEORDEROFFICE<br>NOTE
1.06.11.2019MSM,J
W.P No.17434 of 2019
Learned Government Pleader for respondent Nos.3
and 4 contended that the petitioner is an employee and the
matter must go to the Bench dealing with service matters.
In view of the submission, the learned Government
Pleader for respondent Nos.3 and 4, is directed to file an
affidavit, verifying the fact that the petitioner was an
employee under the respondents.
Post on 11.11.2019.
________
MSM, J<br>Rvk
SL.<br>NO.DATEORDEROFFICE<br>NOTE

MAIN CASE NO: W.P No.16572 2019

SL.<br>NO.DATEORDEROFFICE<br>NOTE
1.02.11.2019MSM,J
W.P No.16572 of 2019
For filing counter by Assistant Government Pleader for Land
Acquisition, post after two weeks.
I.A No.1 of 2019
Heard the learned Counsel for the petitioners Sri D. Krishna
Murthy<br>and<br>Assistant<br>Government<br>Pleader<br>for<br>Land
Acquisition.
The<br>petitioners<br>sought<br>interim<br>direction,<br>not<br>to
dispossess the petitioner from their lands in pursuant to
the<br>preliminary<br>notification<br>No.A/14/2018<br>dated
06.03.2018<br>issued<br>under<br>Section<br>11<br>and<br>declaration
No.A/14/2018 dated 23.10.2018 issued under Section 19
of Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, Act 30 of
2013, pending disposal of writ petition.
The main grievance of the petitioner is that the Land
Acquisition<br>Officer,<br>did<br>not<br>comply<br>the<br>mandatory
requirement under Section 11 (1) (c) and (e) of Act 30 of
2013, thereby their acquisition of the land itself is illegal.
The basis for this<br>contention is the information, the
petitioners obtained under Right to Information Act, from
Gram Panchayat vide proceedings DT (1)/10/2019 dated
28.09.2019 from Special Deputy Collector GNSS Unit – III
Maddunuru. As per the information the respondents, did
not comply Section 11 (1) (c) and (e) of Act 30 of 2013.
Whereas, the respondents Counsel contended that every
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rule for acquisition of land is complied and produced
certain documents before this Court, during hearing and
before filing counter in the main petition. The proceedings
in<br>Rc.No.A/14/2018<br>dated<br>09.04.2018<br>is<br>relevant
document which shows that the notification was published
in Gram Panchayat, Tahsildar and Mandal Parishad Office,
police<br>station<br>and<br>Sub-Registrar<br>Office<br>etc.,<br>so<br>also
uploaded in the website. But it is a disputed question of
fact and such question cannot be decided at this stage,
without<br>inviting<br>counter,<br>since<br>the<br>entire<br>acquisition
proceedings<br>vitiates<br>on<br>account<br>of<br>such<br>irregularity.
Therefore, I find that it is appropriate to decide the main
petition only after inviting counter, in view of the disputed
question of fact, regarding publication of notification as
mandated under Section 11 (1) (c) and (e) of Act 30 of 2013.
However in view of the information furnished under Right to
Information<br>Act,<br>referred<br>supra<br>discloses<br>that<br>the
requirement is not complied prima facie. Having considered
the facts and circumstances of the case and based on
information collected under Right to Information Act, the
respondents are directed not to dispossess the petitioners
from their land in pursuant to notification No.A/14/2018
dated 23.10.2018 for a period of two months.
In the meanwhile the respondents are directed to file
their counter within two weeks from today, enabling this
court to dispose of the main petition in accordance with
law.
________<br>MSM, J
Rvk
SL.<br>NO.DATEORDEROFFICE<br>NOTE

MAIN CASE NO: W.P No.16762 2019

SL.<br>NO.DATEORDEROFFICE<br>NOTE
1.25.10.2019MSM,J
W.P No.16762 of 2019
Implead<br>Smt.<br>Chandralekha,<br>member<br>of
Udayasri Mahila Podupu Sangam as 4th respondent
and issue notice to 4th<br>respondent, since she was
already appointed as Fair Price Shop dealer<br>to Fair
Price Shop No.1285110 of Anantapuramu Urban and
Mandal.
However,<br>the<br>order<br>impugned<br>in<br>the<br>writ
petition is hereby suspended for a period of one
month,<br>as<br>the<br>order<br>was<br>not<br>passed<br>by<br>the
Committee<br>constituted<br>for<br>the<br>purpose<br>of
recommending appointment of Fair Price Shop dealer
in Annexure II of Andhra Pradesh State Targeted
Public Distribution System (Control) Order, 2018.
Post after two weeks.
________
MSM, J
Rvk
SL.DATEORDEROFFICE
NO.NOTE

MAIN CASE NO: Crl.R.C No.1125 2019

SL.<br>NO.DATEORDEROFFICE<br>NOTE
1.24.10.2019MSM,J
Crl.R.C No.1125 of 2019
Admit and notice.
________<br>MSM, J
I.A No.1 of 2019
This petition is filed under Section 397 (1) of
Criminal Procedure Code, to suspend the substantive
sentence of imprisonment and release the petitioner
on bail.
As seen from the record, the petitioner was
on bail throughout the trial and during pendency of
the appeal. Hence, I find it is a fit case to suspend
the substantive sentence of imprisonment<br>in Crl.A
No.487 of 2017 on the file of XII Additional District
and Sessions Judge, Pithapuram.
The substantive sentence of imprisonment is
hereby suspended and the petitioner is ordered to be
released<br>on<br>bail<br>on<br>execution<br>of<br>his<br>bond<br>for
Rs.20,000/-<br>(Rupees Twenty Thousand Only)<br>with
two sureties for a like sum each to the satisfaction of
Assistant Sessions Judge, Pithapuram.
________<br>MSM, J
Rvk
SL.<br>NO.DATEORDEROFFICE<br>NOTE

MAIN CASE NO: W.P No.15301 2019

SL.<br>NO.DATEORDEROFFICE<br>NOTE
1.23.10.2019MSM,J
W.P No.15301 of 2019
This<br>writ<br>petition<br>is<br>filed<br>seeking<br>writ<br>of<br>mandamus,<br>declaring the action of the respondent<br>Nos.4 and 5 in deducting the labour cess @ 1% of<br>the bills payable to the petitioner at the instance of<br>respondent Nos.1 to 3 as illegal, arbitrary and in<br>contravention<br>of<br>Memo<br>No.636/Reforms-A1/2008<br>dated 08.06.2011 and in contravention of Building<br>and other Construction Workers' Welfare Cess Act,<br>1996 and Rules made there under in agreement<br>No.07/2014-15 dated 30.05.2014.
Heard the learned Counsel for the petitioner<br>and<br>the<br>learned<br>Government<br>Pleader<br>for<br>Panchayatraj.
Learned Government Pleader for Panchayat Raj<br>would submit that this matter is squarely covered by<br>the orders of this Court passed in W.P Nos.2369 of<br>2019 and 2372 of 2019 and 10084 of 2018 wherein<br>this Court granted interim direction.
In view of the similar facts and circumstances<br>of the case, there shall be interim direction to the<br>respondents not to deduct 1% labour cess from the<br>bills of the petitioner unless the same has been<br>included in the estimates.<br>Post after two weeks.
_______<br>MSM,J<br>Rvk
SL.<br>NO.DATEORDEROFFICE<br>NOTE

MAIN CASE NO: W.P No.16537 2019

SL.<br>NO.DATEORDEROFFICE<br>NOTE
1.23.10.2019MSM,J
At<br>request<br>for<br>filing<br>counter,<br>post<br>on
04.11.2019.
Issue notice to the respondent Nos.3 and 4.
The<br>learned<br>Counsel<br>for<br>the<br>petitioner<br>is<br>also<br>permitted to take out personal notice through RPAD
and file proof of service in the Registry within two
weeks.<br>_______
MSM,J
Rvk
SL.<br>NO.DATEORDEROFFICE<br>NOTE

MAIN CASE NO: W.P No.14389 2019

SL.<br>NO.DATEORDEROFFICE<br>NOTE
1.23.10.2019MSM,J
At request of Government Pleader<br>for land
acquisition, for filing counter, post after two weeks.
It is brought to the notice of this Court that
there is mistake in the cause title of 6th respondent,
the Counsel for the petitioner is permitted to carry
out the correction in the cause title, in the office of
the Registry.<br>_______
MSM,J
Rvk
SL.<br>NO.DATEORDEROFFICE<br>NOTE

MAIN CASE NO: Crl.A S.R No.4489 2019

SL.<br>NO.DATEORDEROFFICE<br>NOTE
1.28.09.2019MSM,J
I.A No.1 of 2019
Leave granted. The I.A is accordingly, ordered.
_______<br>MSM,J
I.A No.2 of 2019
The I.A is accordingly, ordered.
_______<br>MSM,J
Crl.A S.R No.4489 2019
Admit.
_______<br>MSM,J<br>Rvk
DATEORDEROFFICE<br>NOTE

MAIN CASE NO: C.R.P No.2135 OF 2019

SL.<br>NO.DATEORDEROFFICE<br>NOTE
1.20.09.2019MSM,J
I.A No.2 of 2019
Heard.
For the reasons, stated in the accompanying
affidavit filed in support of the petition,<br>filing of
certified copy order and decree dated 25.06.2018 is
dispensed with.
The I.A is accordingly, ordered.
_______<br>MSM,J
Rvk

MAIN CASE NO: Criminal Petition No.4595 OF 2019

SL.<br>NO.DATEORDEROFFICE<br>NOTE
1.28.09.2019MSM, J
The main allegation against the Special Judge
for SPE &<br>ACB cases at Nellore is that instead of
recording examination in chief of the Investigating
Officer, in the court, he took pen drive and the same
is inserted in the computer and got print out. But the
Counsel for the respondent, denied the allegation,
while<br>contending<br>that<br>the<br>chief<br>examination<br>of
Investigating Officer was commenced at 10.45 AM
and completed by 7 PM on 06.09.2018. Thus, the
assertion of the Counsel<br>for the respondent<br>is<br>that
through out the day, only one witness was examined.
In view, of<br>the<br>specific contention raised
by the learned Counsel for the respondent,<br>the
Registry is directed to call for report from the Special
Judge for SPE &<br>ACB cases at Nellore, as to how
many witnesses were examined on 06.09.2018 and
how many<br>documents were marked, based on the
dairy maintained in the office, within two weeks from
today.
List the matter on 14.10.2019.
_______<br>MSM,J
Rvk
SL.DATEORDEROFFICE
NO.NOTE

MAIN CASE NO: Transfer Criminal Petition No.818 OF 2019

SL.<br>NO.DATEORDEROFFICE<br>NOTE
1.28.09.2019MSM, J
Notice.
The learned Counsel for the petitioner is also
permitted<br>to<br>take<br>out<br>personal<br>notice<br>to<br>the
respondent<br>Nos.2<br>to<br>4<br>by<br>registered<br>post<br>with
acknowledgment with due and file proof of service in
the Registry within three weeks.
Post after three weeks.
_______<br>MSM,J
Rvk
SL.<br>NO.DATEORDEROFFICE<br>NOTE

MAIN CASE NO: Criminal Appeal No.9695 OF 2018

SL.<br>NO.DATEORDEROFFICE<br>NOTE

MAIN CASE NO: Criminal Petition No.1069 OF 2019

SL.<br>NO.DATEORDEROFFICE<br>NOTE
1.28.09.2019MSM, J
Post the matter in usual course.
b/o
Rvk
I.A No.1 of 2019
This<br>petition<br>under<br>Section<br>397<br>(1)<br>of
Criminal Procedure Code is filed to suspend the
substantive sentence of imprisonment and enlarge
this petitioner on bail.
The case of the petitioner<br>is that, he was
found guilty for the offence punishable under Section
354<br>of Indian<br>Penal<br>Code<br>(for<br>short<br>I.P.C)<br>and
sentenced him to undergo simple imprisonment for a
period of two years and pay a fine of Rs.5,000/- for
the offence punishable under Section 354 of I.P.C.
The<br>petitioner<br>has<br>paid<br>the<br>fine<br>amount
before the Additional Judicial Magistrate of First
Class, Nandigama, at the time of filing appeal against
the conviction and sentence passed in C.C No.260 of
2017. The petitioner preferred an appeal in Crl.A
No.449<br>of<br>2017,<br>challenging<br>the<br>conviction<br>and
sentence<br>passed<br>by<br>the<br>Additional<br>Judicial
Magistrate of First Class, Nandigama in C.C No.260
of 2017<br>and the sentence was suspended. Upon
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hearing argument of both the counsel, considering
the material available on record, the appellate court,
confirmed<br>the<br>conviction<br>and<br>sentence<br>passed
against this petitioner.
It is the contention of the petitioner, that
there are good grounds to succeed in the main appeal
and requested to enlarge the petitioner, suspending
the conviction and sentence passed against<br>this
petitioner.
Considering, the facts and circumstances of
the case, the substantive sentence and imprisonment
passed by the Additional Judicial Magistrate of First
Class, Nandigama in C.C No.260<br>of 2017<br>dated
27.11.2017 is hereby suspended. The petitioner shall
be enlarged on bail on his execution of bond for
Rs.20,000/-<br>(Rupees Twenty Thousand) with two
sureties for a like sum each to the satisfaction of
Additional<br>Judicial<br>Magistrate<br>of<br>First<br>Class,
Nandigama.
_______<br>MSM,J
Rvk
SL.<br>NO.DATEORDEROFFICE<br>NOTE

MAIN CASE NO: Criminal Petition No.1071 OF 2019

SL.<br>NO.DATEORDEROFFICE<br>NOTE
1.28.09.2019MSM, J
Post the matter in usual course.
b/o<br>Rvk
I.A No.2 of 2019
This<br>petition<br>under<br>Section<br>397<br>(1)<br>of
Criminal Procedure Code<br>is filed to suspend the
substantive sentence of imprisonment and enlarge
this petitioner on bail.
The case of the petitioner<br>is that,<br>he was
found<br>guilty<br>for<br>the<br>offences<br>punishable<br>under
Sections 403, 420, 468 and 471 of Indian Penal Code
(for short I.P.C) and sentenced him to undergo simple
imprisonment for a period of six months<br>simple
imprisonment<br>for<br>the<br>offence<br>punishable<br>under
Section<br>403<br>of<br>I.P.C,<br>six<br>months<br>simple
imprisonment<br>and<br>Rs.500/-<br>fine<br>for<br>the<br>offence
punishable under Section 420 of I.P.C, six months
simple<br>imprisonment<br>and<br>Rs.500/-<br>fine<br>for<br>the
offence punishable under Section 468 of I.P.C and six
months<br>simple<br>imprisonment<br>for<br>the<br>offence
punishable under Section 471 of I.P.C.
The<br>petitioner<br>has<br>paid<br>the<br>fine<br>amount
before<br>the<br>Judicial<br>Magistrate<br>of<br>First<br>Class,
SL.<br>NO.DATEORDEROFFICE<br>NOTE
Srikakulam, at the time of filing appeal against the
conviction and sentence passed in C.C No.751 of
2014. The petitioner preferred an appeal in Crl.A
No.90<br>of<br>2016<br>challenging<br>the<br>conviction<br>and
sentence passed by the Judicial Magistrate of First
Class, Srikakulam in C.C No.751 of 2014 and the
sentence was suspended. Upon hearing argument of
both the counsel, considering the material available
on<br>record,<br>the<br>appellate<br>court,<br>confirmed<br>the
conviction<br>and<br>sentence<br>passed<br>against<br>this
petitioner.
It is the contention of the petitioner,<br>that
there are good grounds to succeed in the main appeal
and requested to enlarge the petitioner, suspending
the conviction and sentence passed against this
petitioner.
Considering, the facts and circumstances of
the case, the substantive sentence and imprisonment
passed by the Judicial Magistrate of First Class,
Srikakulam in C.C No.751 of 2014 dated 07.09.2016
is hereby suspended. The petitioner shall be enlarged
on bail on his execution of bond for Rs.20,000/-
(Rupees Twenty Thousand)<br>with two sureties for a
like<br>sum<br>each<br>to<br>the<br>satisfaction<br>of<br>Judicial
Magistrate of First Class, Srikakulam.
_______<br>MSM,J
Rvk
SL.<br>NO.DATEORDEROFFICE<br>NOTE

MAIN CASE NO: Criminal Petition No.4795 OF 2019

SL.<br>NO.DATEORDEROFFICE<br>NOTE
1.27.09.2019MSM, J
Notice before admission.
The learned counsel for the petitioners is also
permitted to take out personal notice to the 2nd
respondent by registered post with acknowledgment
due and file proof of service in the registry within
three weeks.
Post after three weeks.
_______<br>MSM,J
Rvk
SL.<br>NO.DATEORDEROFFICE<br>NOTE

MAIN CASE NO: Crl.R.C No.1000 OF 2019

SL.<br>NO.DATEORDEROFFICE<br>NOTE
1.23.09.2019MSM,J
At request, post on 24.09.2019.
b/o.<br>Rvk
2.27.09.2019MSM, J
Notice before admission.
The learned counsel for the petitioner is also<br>permitted to take out personal notice to the 2nd<br>respondent by registered post with acknowledgment<br>due and file proof of service in the registry within<br>three weeks.
Post after vacation.
_______<br>MSM,J
I.A No.1 of 2019
There shall be interim suspension of order<br>dated 13.10.2017 C.C No.246 of 2017 passed by the<br>Additional Judicial Magistrate of First Class, Bapatla<br>and the petitioner is directed to be released on bail<br>on execution of his bond for Rs.20,000/-<br>(Rupees<br>Twenty Thousand Only) with two sureties for a like<br>sum each to the satisfaction of Additional Judicial<br>Magistrate of First Class, Bapatla.
________<br>MSM,J<br>Rvk
SL.<br>NO.DATEORDEROFFICE<br>NOTE

MAIN CASE NO: Crl.R.C No.932 OF 2019

DATEORDEROFFICE<br>NOTE
23.09.2019MSM,J
No representation, post on 24.09.2019.
b/o.<br>Rvk
24.09.2019MSM,J
I.A No.1 of 2019
Heard.
For the reasons, stated in the accompanying
affidavit filed in support of the petition, the delay of
10 days in representing Crl.R.C.SR No.6434 of 2019
is condoned.
The I.A is accordingly, ordered.
MSM,J
I.A No.2 of 2019
The learned counsel for the petitioners is also
permitted to take out personal notice to the 2nd
respondent by registered post with acknowledgment
due and file proof of service in the registry within
four weeks.
List after four weeks.
_______
_______<br>Notice.<br>MSM,J<br>Rvk
SL.<br>NO.DATEORDEROFFICE<br>NOTE

MAIN CASE NO: Crl.R.C No.999 OF 2019

SL.<br>NO.DATEORDEROFFICE<br>NOTE
1.24.09.2019MSM,J
Notice before admission.
The learned counsel for the petitioners<br>is
also permitted to take out personal notice to the 1st
respondent through RPAD and file proof of service in
the registry within three weeks.
List immediately after vacation.
_______<br>MSM,J
I.A No.1 of 2019
There shall be interim suspension of order in
Tr.Crl.M.P No.6 of 2019 dated 25.07.2019 on the file
of Principal District Judge, Ongole.
_______<br>MSM,J
Rvk
SL.<br>NO.DATEORDEROFFICE<br>NOTE

MAIN CASE NO: Crl.R.C No.1003 OF 2019

SL.<br>NO.DATEORDEROFFICE<br>NOTE
1.24.09.2019MSM,J
Issue notice.
The learned counsel for the petitioners<br>is
also permitted to take out personal notice to the 1st
respondent through RPAD and file proof of service in
the registry within three weeks.
List immediately after vacation.
_______<br>MSM,J
I.A No.1 of 2019
There shall be interim suspension of order in
Tr.Crl.M.P No.6 of 2019 dated 25.07.2019 on the file
of Principal District Judge, Ongole.
_______<br>MSM,J
Rvk
SL.<br>NO.DATEORDEROFFICE<br>NOTE

MAIN CASE NO: Crl.R.C No.1006 OF 2019

SL.<br>NO.DATEORDEROFFICE<br>NOTE
1.24.09.2019MSM,J
Notice before admission.
The learned counsel for the petitioner is also
permitted to take out personal notice to the<br>1st
respondent by registered post with acknowledgment
due and file proof of service in the registry within
three weeks.
List after three weeks.
_______<br>MSM,J
Rvk

MAIN CASE NO: Crl.R.C No.946 OF 2019

SL.<br>NO.DATEORDEROFFICE<br>NOTE
1.23.09.2019MSM,J
Notice
The learned counsel for the petitioner is also
permitted to take out personal notice to the 1st
respondent by registered post with acknowledgment
due and file proof of service in the registry within
three weeks.
List on 18.10.2019.
________<br>MSM, J
Rvk

MAIN CASE NO: Crl.R.C No.966 OF 2019

SL.<br>NO.DATEORDEROFFICE<br>NOTE
1.23.09.2019MSM,J
No representation, post on 18.10.2019.
b/o
Rvk

MAIN CASE NO: Crl.R.C No.958 OF 2019

SL.<br>NO.DATEORDEROFFICE<br>NOTE
1.23.09.2019MSM,J
Notice before admission.
The learned counsel for the petitioner is also
permitted to take out personal notice to the 2nd
respondent by registered post with acknowledgment
due and file proof of service in the registry within
three weeks.
List on 18.10.2019.
________<br>MSM, J
I.A No.1 of 2019
This petition, is allowed, subject to furnishing
certified copy of the order within one month. In the
event of failure to furnish certified copy, the main
revision shall be rejected automatically.
________<br>Rvk<br>MSM, J
SL.<br>NO.DATEORDEROFFICE<br>NOTE

MAIN CASE NO: Crl.R.C No.990 OF 2019

SL.<br>NO.DATEORDEROFFICE<br>NOTE
1.23.09.2019MSM,J
Notice.
The learned counsel for the petitioner is also
permitted to take out personal notice to the 1st
respondents by registered post with acknowledgment
due<br>and file proof of service in the registry within
three weeks.
List on 18.10.2019.
_______<br>MSM,J
Rvk

MAIN CASE NO: Crl.R.C No.991 OF 2019

SL.<br>NO.DATEORDEROFFICE<br>NOTE
1.23.09.2019MSM,J
Notice before admission.
The learned counsel for the petitioner is also
permitted<br>to<br>take<br>out<br>personal<br>notice<br>to<br>the
respondent<br>Nos.1<br>to<br>9<br>by<br>registered<br>post<br>with
acknowledgment due and file proof of service in the
registry within one week.
List on 01.10.2019.
_______<br>MSM,J
Rvk

MAIN CASE NO: Crl.R.C No.992 OF 2019

MAIN CASE NO: Crl.R.C No.994 OF 2019

SL.<br>NO.DATEORDEROFFICE<br>NOTE
1.23.09.2019<br>MSM,J<br>Rule nisi. Call for records.
Notice returnable in three weeks.
The learned counsel for the petitioner is also
permitted to take out personal notice to<br>2nd<br>RPAD
respondent by registered post with acknowledgment
due<br>and file proof of service in the registry within
three weeks.
List on 18.10.2019.
_______<br>MSM,J
Rvk

MAIN CASE NO: Crl.R.C No.996 OF 2019

SL.<br>NO.DATEORDEROFFICE<br>NOTE
1.23.09.2019MSM,J
Notice.
The learned counsel for the petitioner is also
permitted to take notice to the counsel appearing for
the respondent/complainant in Crl.M.P No.972 of
2019 in C.C No.105 of 2019 on the file of Judicial
Magistrate of First Class, Railway Kodur.
List on 30.09.2019.
_______
MSM,J<br>RVK

MAIN CASE NO: Crl.R.C No.957 OF 2019

1.23.09.2019MSM,J
I.A No.1 of 2019
This petition, is allowed, subject to furnishing
certified copy of the order within one month. In the
event of failure to furnish certified copy, the main
revision shall be rejected automatically.
________<br>Rvk<br>MSM, J
I.A No.2 of 2019
This petition is filed to suspend the orders passed
by the III Additional Judicial Magistrate of First
Class, Ongole in DVC No.19 of 2014 and confirmed
by the appellate court i.e. VII Additional District &
Sessions Judge, Ongole in Crl. Appeal No.107 of
2016, whereby the petitioner was directed to pay
maintenance<br>@<br>Rs.5,000/-<br>per<br>month<br>and<br>pay
compensation of Rs.1,00,000/-<br>(Rupees One Lakh
only).
Considering the facts and circumstances of
the case, the order to the extent of payment of half of
the compensation is suspended for a period of one
month,<br>while<br>directing<br>the<br>petitioner<br>to<br>pay
maintenance as directed by the trial court in DVC
No.19<br>of<br>2014<br>and<br>Rs.50,000/-<br>towards
compensation to the respondent, within two weeks
from the date of order. In the<br>event of failure to
comply any of the directions of the order, the petition
shall stand dismissed automatically.
The<br>counsel<br>for<br>the<br>petitioner<br>herein<br>is
permitted to furnish a copy of the order before the III
Additional Judicial Magistrate of First Class, Ongole.
________<br>Rvk<br>MSM, J
Note:
Issue C.C by tomorrow.
B/O<br>Rvk

MAIN CASE NO: Crl.R.C No.1011 OF 2019

SL.<br>NO.DATEORDEROFFICE<br>NOTE
1.23.09.2019<br>MSM,J
Notice before admission.
The learned counsel for the petitioner is also
permitted<br>to<br>take<br>out<br>personal<br>notice<br>to<br>the
respondents 1 to 3 through RPAD and file proof of
service in the registry within two weeks.
List on 18.10.2019.
_______<br>MSM,J
RVK

THE HON'BLE SRI JUSTICE D.V.S.S. SOMAYAJULU

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2.Whether the copies of judgment may be<br>Marked to Law Reporters/Journals ?Yes/No
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