Andhra Pradesh High Court - Amravati
Mungara Kondala Rao vs State Of A.P on 5 August, 2025
+I
`= ``=~`
..I,, . 3;-;.::::3.,i,1':,i...:`` .,..;,.I:`:. , ..
I..,:.:.::¢ife£5gr.i.
IN THE HIGH COURT OF ANDHRA PRADESH AT AIVIARAVA
TUESDAY ,THE FIFTH DAY OF AUGUST
TWO THOUSAND AND TWENTY FIVE
:PRESENT:
?\.I
THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO
•. ;:,\rJ, -#)..i:
` CRIMINAL REVISION CASE NO: 847 OF 2009
Between :
Mungara Kondala Rao, S/o. Somaiah, Hindu, aged 49 years, Vaddilu
Vaddlakutithippa Kakaluru(M) Krishna District.
..HPetitioner/Accused No.1
AND
The State ofAndhra Pradesh, Rep.by its Public Prosecutor, High Court ofA.P
...Respondent
Revision filed under Sections 397 and 401 of Cr.P.C., praying that in the
circumstances stated in the memorandum of grounds filed in support of the
Criminal Revision Case, the High Court may be pleased to set aside the
Judgment passed in CrIA No.172/2007 dated 25-05-2009 on the file of the lSt
Addl. District & Session Judge, Krishna Machilipatnam Modifying the Trial Court
Judgment in C.C No.158/2004 dated 17-12-2007 on the file of the Judicial First
Class Magistrate, Kaikaluru and consequently Acquit the
petitioner/Appellant/Accused. /
[A NO: 1 OF 2009(_CRLRC.MP.No.1151 of 2009)
Revl'sion filed under section 397(1) of Cr.P.C., praying that in the
circumstances stated in the memorandum of grounds filed in support of the
Criminal Revision Case, the High Court may be pleased to suspend the
Judgment dated 25-05-2009 Crl.A. No.172/2007 on the file of the I Addl. District
& Session Judge, Krishna, Machilipatnam by enlarging the petitioner/Accused
/
No.1 on bail, Pending disposal of CRLRC 847 of 2009, on the file of the High
Court.
The petition coming on for hearing, upon perusing the petition and the
memorandum of grounds'filed in support thereof and the earlier order of the High
Court dated 03.06.2009 made in CRLRC.MP.No.1151 of 2009 & order dated
26.03.2025 made herein and upon hearing the arguments of sri Narasimha Rao
Gudiseva, Advocate for the Petitioner and of Public Prosecutor for Respondent,
the Court made the following
ORDER
ff Learned counsel for the petitioner/accused No.1 submits that he has no instructions from the party.
As per the proceedings dated 26.03.2025, this Court previously issued bailable warrant against the petitioner/accused Noll through the concerned Superintendent of Police. It was further ordered that, upon arrest, the petitioner/accused No.1 shall be released on bail upon execution of a personal bond for €10,000/-, along with two sureties for a like sum each-
Subsequently, today, when the matter has been listed, the execution report is submitted by learned Assistant Public Prosecutor stating that 1:he bailable warrant issued against the petitioner/accused No.1 is executed.
Though the bailable warrant is executed, the petitioner did not choose to give instructions to his counsel.
In view of the same, this Court js constrained to issue a Non|Bajlab[e Warrant against the petitioner/accused No.1.
Hence, issue a Non-Bailable Warrant against the petitioner/accused No.1 However, on execution of such non|bailable warrant, the concerned Police are directed to produce the petitioner/accused No.1 before this Court on the next date of hearing.
List after three (3) weeks."
SD/-E.KAMESWARA RAO //TRUE COPY// For SECTION OFFICER To,
1. The Registrar (Judicial), High Court of Andhra Pradesh at Amaravati.(By Special Messenger)
2. The lst AddI. District & Session Judge, Krishna Machilipatnam (BY SPEED POST)
3. The Judicial First Class Magistrate, Kaikaluru. (BY SPEED POST)
4. The Superintendent of Police, EIuru District (BY SPEED POST)
5. One CC to Sri Narasimha Rao Gudiseva Advocate [OPUC]
6. The Section Officer, Criminal Section, High Court ofA.P.
7. Two CCs to the Public Prosecutor, High Court ofA.P [OPUC]
8. One spare copy rvk Trfu R,J DATED : 05/08/2025 LIST AFTER THREE (3) WEEKS ORDER CRLRC.No.847 of 2009 ORDER OF WARRANT i?
I
u /
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV TUESDAY ,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE :PRESENT:
THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL REVISION CASE NO: 847 OF 2009 Between:
Mungara Kondala Rao, S/o. Somaiah, Hindu, aged 49 years, VaddI'lu vaddlakutI-thiPPa Kakaluru(M) Krishna District.
...Petitioner/Accused No.1 AND The State ofAndhra Pradesh, Rep.by its Public Prosecutor, High Court ofA.P ...Respondent whereas revision filed under sections 397 and 401 of Cr.P.C., praying that in the circumstances stated I-n the memorandum of grounds filed in support Of the Crl-minal Revision Case, the High Court may be pleased to set aside the Judgment passed in crIA No.172/2007 dated 25-05-2009 on the file of the lst AddI. District & SessI'On Judge, Krishna Machilipatnam Modifying the /; TrI-al Court Judgment in c.c No.158/2004 dated 17-12-2007 on the file of the Judicial First Class Magistrate, Kaikalurub and consequently AcquI-I the petitioner/AppeIIant/Accused.
And whereas, the court upon perusing the petl-lion and the memorandum of grounds filed in support thereof and the earlier order of the High Court dated o3.06.2009 made in CRLRC.MP.No.1151 of 2009 & order dated 26.03.2025 made herein upon hearing the arguments of sri Narasimha Rao GudI'SeVa, Advocate for the petitioner and of publl-c prosecutor for Respondent, directed the RegI-Stry tO issue Non-Bailable Warrant against the petI'tiOner/accused No.1 //y / + Therefore, you viz:
The Superintendent of Police, Eluru District are hereby directed to arrest the said petitioner/accused No.1 viz; Mungara Kondala Rao, S/o. Somaiah, Hindu, aged 49 years, Vaddilu Vaddlakutithippa Kakaluru(M) Krishna District. wherever he is found and produce him bodily under safe custody and conduct before this Court on 28.08.2025 at 10-30 A.M., to which date the case stands posted.
You are further directed to return this warrant as early as possl'ble preferably on or before 28.08.2025 to this Court with a detailed report stating the manner in which it has been executed.
Herein fail not.
//TRUE COPY// `-I .,-E _ __ I I I --I + To,
1. The Registrar (Judicial), High Court of Andhra Pradesh at Amaravati.(By Special Messenger)
2. The Superintendent of Police, EIuru District (BY SPEED POST)
3. One Spare Copy rvk HIGH COURT TMR,J DATED : 05/08/2025 LIST AFTER THREE (3) WEEKS ORDER CRLRC.No.847 of 2009 t` NON BAILABLE WARRANT