HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.788 OF 2004 Dated 23-6-2010 Between:
Naripeddi Srinivasa Rao and others..
And:
…Petitioners.
The State of A.P. through Station House Officer, Parchur Police Station represented by its Public Prosecutor, High Court, Hyderabad.
…Respondent.
HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.788 OF 2004 ORDER:
This Revision is filed by the petitioners-accused challenging the order passed by the learned Sessions Judge, Ongole in C.F.R. No.805 of 2004 on 19-4-2004.
Petitioners herein are the accused before the trial Court. The case of the prosecution in brief is as follows:
On 23-3-2004 at about 16-30 hours, while the Sub-Inspector of Police Parchur Police station was regulating traffic duty at Bommala Centre, Parchur along with his staff raided the shops of A.1 to A.6 who are having possession of 72 panparags and seized the same and arrested them. In this connection, police filed a charge sheet against the petitioners in petty case Nos.37 of 2004 to 42 of 2004 for the offence under Section 273 IPC.
Heard the learned counsel for the petitioners and the learned Public Prosecutor and perused the material available on record.
The trial Court in S.T.C.No.17 of 2004 convicted the accused and sentenced to undergo S.I. for a period of one week and pay a fine of Rs.300/- each, against which, the petitioners preferred an appeal in CFR No.805 of 2004 before the 1st appellate Court and the 1st appellate Court rejected the same as not maintainable. Aggrieved by the same, the present revision has been preferred by the petitioners.
The learned counsel for the petitioners confined his argument only to the extent of quantum of sentence.
Considering the facts and circumstances of the case, this Court feels that a lenient view can be taken while considering the case of the petitioners.
Hence, conviction and sentence imposed against the petitioners to undergo S.I. for one week is set aside and the conviction and sentence imposed against the petitioners to pay a fine of Rs.300/- each is not interfered with.
With the above modification, this Criminal Revision Case is disposed of.
Justice RAJA ELANGO Dated 23-6-2010 Dvs HONOURABLE SRI JUSTICE RAJA ELANGO
CRIMINAL REVISION CASE No.788 OF 2004
Dated 23-6-2010