P.Harinath Babu v. Sri D.Diwakar Rao And Another

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.9104 of 2016 ORDER:

This petition under Section 482 Cr.P.C. is filed by the petitioner questioning the order of the learned III Additional District & Sessions Judge, Ranga Reddy District at L.B.Nagar incharge of IV Additional District & Sessions Judge, Ranga Reddy District in Crl.M.P.No.96 of 2016 in Crl.A.No.422 of 2016 dated 19.05.2016 under which the learned Sessions Judge, suspended the sentence imposed by the Special Magistrate at Hasthinapuram, Ranga Reddy District in C.C.No.277 of 2015 dated 18.04.2016 subject to condition that the petitioner should deposit 1/4th of the fine amount i.e., Rs.1,00,000/-. Learned counsel for the petitioner submits that the appellate Court erred in treating the compensation amount as fine amount and consequently directed to deposit 1/4th of the compensation amount as fine amount. It is also represented that the trial Court has issued arrest warrant against the petitioner/accused.

Heard the learned counsel for the petitioner and perused the material on record.

Having regard to the above submissions, the learned Sessions Judge, is directed to dispose of the appeal within a period of six months from today. However, the condition of learned Sessions Judge, in Crl.M.P.No.96 of 2016 to deposit Rs.1,00,000/- is modified to the effect that the petitioner shall deposit Rs.50,000/- within a period of one month from today. However, in view of the representation made by the learned counsel for the petitioner that the trial Court issued arrest warrant against the petitioner/accused, the same shall be kept in abeyance till the amount of Rs.50,000/- is deposited. With the above modification the criminal petition is disposed of. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed.

________________ M.S.K.JAISWAL,J Date: 27.06.2016 Rds THE HON'BLE SRI JUSTICE M.S.K.JAISWAL

CRIMINAL PETITION No.9104 of 2016 Date:27.06.2016 Rds