Andhra Pradesh High Court – Amravati
S Manjunadha Reddy vs The State Of Andhra Pradesh on 30 July, 2025
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APHC010291092025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3368]
(Special Original Jurisdiction)
WEDNESDAY, THE THIRTIETH DAY OF JULY
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI
CRIMINAL PETITION No: 7934/2025
Between:
1. S MANJUNADHA REDDY, SON OF NAGARAJU REDDY, AGED
ABOUT 33 YEARS, MITTAPALLI VILLAGE, ALAPALLI PANCHAYAT,
BAIREDDIPALLY MCMDAL, CHITTOOR DISTRICT
...PETITIONER/ACCUSED
AND
1. THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor,
High Court of A.P, Amaravati, through Chief Administrative Officer,
Office of Special Judge for Trial of SPE and ACB cases, Tirupati
Range, Tirupati
...RESPONDENT/COMPLAINANT
Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS
praying that in the circumstances stated in the Memorandum of Grounds of
Criminal Petition, the High Court may be pleased to consider the case of the
petitioner by set aside the order in rejecting the application vide CRL.M.P.NO.
862 OF 2025 (presented 02.06.2025) vide C.F.No. 1119 of 2025 of 2025
submitted beyond the time as granted by the trail court for suspension of the
sentence till 06.06.2025 in C.C.No.528 of 2018 on the file of II Additional
Judicial Magistrate of First Class, Nellore dated 09.05.2025 and
consequently grant two weeks time to reconsider the Appellate District Court
and pass such
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IA NO: 1 OF 2025
Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the
circumstances stated in the Memorandum of Grounds of Criminal Petition, the
High Court may be pleased may be pleased to condone the delay 27days in
representing the CRL.P.SR.7491 of 2025 pending disposal of the above said
quash petition and pass such
IA NO: 2 OF 2025
Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the
circumstances stated in the Memorandum of Grounds of Criminal Petition, the
High Court may be pleased may be pleased to dispense with the filing of the
original copy of CRL.M.P.NO. 862 OF 2025 (presented on 02.06.2025) vide
C.F.No. 1119 of 2025 of 2025 is not issued by the Honble District Court photo
copy of the application is filed) and pass such
IA NO: 3 OF 2025
Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the
circumstances stated in the Memorandum of Grounds of Criminal Petition, the
High Court may be pleased may be pleased to suspend the sentence in
C.C.No.528 of 2018 on the file of II Additional Judicial Magistrate of First
Class, Nellore dated 09.05.2025, till the appellate court is considered the
same pending disposal of the above said quash petition and pass such
Counsel for the Petitioner/accused:
1. V SURENDRA REDDY
Counsel for the Respondent/complainant:
1. S.SYAM SUNDER RAO SC cum Spl P.P. For ACB
The Court made the following:
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THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI
CRIMINAL PETITION No: 7934/2025
ORDER:
This Criminal Petition is filed by the petitioner/Accused, under Section
528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), to set
aside the order in rejecting the application vide Crl.M.P.No.862 of 2025
(presented on 02.06.2025) vide C.F.No.1119 of 2025 as submitted beyond the
time as granted by the Trial Court for suspension of sentence till 06.06.2025 in
C.C.No.528 of 2018 on the file of learned II Additional Judicial Magistrate of
First Class, Nellore dated 09.05.2025.
2. Heard Sri V.Surendra Reddy, learned counsel for the petitioner and
Sri S.Syam Sunder Rao, learned Standing Counsel-cum-Special Public
Prosecutor for ACB for the respondent.
3. The grievance of the petitioner is that the learned Magistrate vide Order
dated 09.05.2025 sentenced the petitioner to suffer simple imprisonment for a
period of six (6) months for the offence under Section 193 of IPC and also to
pay a fine of Rs.500/- (Rupees Five Hundred only), in default of payment of
fine, to suffer simple imprisonment for a period of one (1) month. The
petitioner paid the fine amount for the sentence ordered and then, the learned
Magistrate released the petitioner on bail under Section 389(3) of Cr.P.C.,
corresponding to Section 430(3) of BNSS., to enable him to file an appeal
before the Sessions Court. Later, the petitioner/accused filed an appeal on
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02.06.2025 vide C.F.No. 1119 of 2025 and also filed an application under
Section 389 (1) of Cr.P.C., vide Crl.M.P.No.862 of 2025 seeking suspension
of sentence, pending appeal. But, the appeal not listed for hearing till
09.06.2025 before the learned Appellate Court. On the date of hearing,
learned Appellate Court rejected the application for suspense of sentence, on
the ground that it was filed beyond thirty (30) days from the date of judgment
of the learned trial Court. Consequently, the learned Trial Court issued
Non-bailable Warrant on 06.06.2025 against the petitioner/convict, as he
failed to get the sentence suspended by the Appellate Court.
4. Learned counsel for the petitioner would submit that challenging the
order of the learned Appellate Court in Crl.M.P.No.862 of 2025, the present
application is filed U/s.482 Cr.P.C. He would submit that the learned Sessions
Court erred in rejecting the application, though appeal is filed within the period
of limitation. The Appellate Court ought to have considered the application on
merits. Therefore, the order of the Appellate Court is not sustainable in law,
and requires interference of this Court. Till then, the warrant issued by the
learned Magistrate may be kept in abeyance.
5. The record would disclose that the learned Magistrate rendered the
judgment on 09.05.2025. The appeal was filed on 02.06.2025 before the
Appellate Court. In those circumstances, the appeal is within the period of
limitation. Hence, the Appellate Court ought to have considered the
application filed for suspense of sentence on merits, but the learned Appellate
Court dismissed the application with an erroneous observation that the appeal
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is not filed within 30 days. Hence, the order of the learned Appellate Court is
liable to be set aside, with a direction to consider the application i.e.,
Crl.M.P.No.862 of 2025 afresh and dispose of the same on merits, after
hearing both sides, in accordance with law in ten (10) days from the date of
receipt of copy of this Order. Till then, the Non-bailable Warrant issued by the
learned Magistrate is suspended.
6. Accordingly, the Criminal Petition is disposed of.
As a sequel, interlocutory applications pending, if any, shall stand
closed.
_______________________________
JUSTICE B.V.L.N. CHAKRAVARTHI
Dated: 30.07.2025.
Note: CC today,
B/o.
UPS
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THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI
CRIMINAL PETITION NO: 7934 of 2025
Date: 30.07.2025.
Note: CC today,
B/o.
UPS