IN THE COURT OF THE METROPOLITAN MAGISTRATE: VIJAYAWADA
Present: Smt. K.Krishna Satya Latha, Metropolitan Magistrate, Vijayawada
Monday, this the 28th day of June, 2021
CC.No. 767/2021
Between: The State: Rep. By the Sub-Inspector of Police, A.S.Nagar Police Station, Vijayawada City. … Complainant
And:
1. Gorrela Tata Rao, S/o.Ramu, 35 years, Plot No.125, SF-3, Vambay Colony, Vifjayawada. Vehicle bearing No.AP 16 DR 3251.
2. Annabathula Siva Subrahmanyam, S/o.Siva Sankar, 26 years, Rajaka , Dr.No.3-6, Mylavaram, Krishna District. Vehicle bearing No.AP 39 AW 5094.
3. Medepalli Sai Mohan, S/o.Rajeswara Rao, 21 years, Patnaik, Block No.140, TF-6, Rama Nagar Colony, Vijayawada. Vehicle bearing No.AP 16 AK 6610.
.... Accused
This case came up on this day for appearance of the accused before me as the accused Nos.1 and 3 filed memo admitting their guilt for the offences in respect of which cognizance is taken, after hearing the learned Assistant Public Prosecutor for the state and the accused Nos.1 and 3 in person with regard to the quantum of sentence and having stood over for consideration, this court delivered the following:
J U D G M E N T
(1)The Sub Inspector of Police, Ajith Singh Nagar Police Station laid charge sheet against the accused Nos.1 to 3 in Crime No.246/2021 for the offences punishable under Sections 188 and 269 of Indian Penal Code and Sec.130, 179(1) R/w.177 of M.V.Act.
2.The essence of the charge sheet is that:
On 19.05.2021 at about 13.30 PM while the defacto complainant/L.W.4/Sri
K.Ramesh.,/S.I of Police, A.S.Nagar police station was conducting vehicle checking at Daba Kotla Centre, Ajit Singh Nagar, Vijayawada along with his staff in order to implement the orders issued by the Government of Andhra Pradesh for containment, control and prevent the spread of COVID-19 (Carona virus disease), they noticed the accused Nos.1 to 3 who were going on the vehicles bearing Nos.AP 16 DR 3251, AP 39 AQ 5094 and AP 16 AK 6610, by violating the curfew orders, social distance rule and acted negligently, even after wide publicity regarding the disease. As such, he drafted an occurrence report.
Based on the same, he registered the above case and investigated into. After completion of the investigation L.W.4/Sri K.Ramesh /Sub Inspector of police laid charge sheet against the accused. Hence, this case.
3.Cognizance is taken under Section 190 (1) (b) of Code of Criminal
Procedure Code for the offences punishable under Sections 3 of Epidemic Act r/w. 188 of Indian Penal Code and Sec. 269 of Indian Penal Code, Sec 130 r/w.177 of Motor Vehicles Act, 179 of Motor Vehicles Act.
4.On appearance of the accused, copies of documents were furnished to them as contemplated under section 207 of Code of Criminal Procedure.
5. The Accused Nos.1 and 3 filed memo by admitting their guilt for the offences in respect of which cognizance is taken. This court is satisfied that the admission of the guilt of the Accused Nos.1 and 3 are voluntary and not due to undue influence or coercion by anyone. Hence the admission of guilt of the
Accused for the offences punishable under Sections 3 of Epidemic Act r/w. 188 of Indian Penal Code and Sec. 269 of Indian Penal Code, Sec 130 r/w.177 of
Motor Vehicles Act, 179 of Motor Vehicles Act is accepted and the Accused
Nos.1 and 3 are found guilty for the said offences and convicted Under Section 252 of code of Criminal Procedure for the said offences.
6.The Accused Nos.1 and 3 stated that they are getting meager income towards their salary and they are the only earning members of their respective families. Hence, sought to take lenient approach.
7.Considering the facts and circumstances of the case, dependency of the accused I am of the opinion that it is just and proper to impose fine instead of sentencing them to imprisonment.
8.In the result, the Accused Nos.1 and 3 are sentenced to pay fine of Rs.
200/- (Rupees two hundred only) each for the offence punishable under Sec. 3 of Epidemic Act r/w. 188 of Indian Penal Code in default of payment of fine, the defaulter shall undergo simple imprisonment for a period of one week and also sentenced to pay a fine of Rs. 300/- (Rupees three hundred only) each for the offence punishable under Sec. 269 of Indian Penal Code in default of payment of fine the defaulter shall undergo simple imprisonment for a period of one week, they are sentenced to pay a fine of Rs. 300/- (Rupees Three Hundred only) each for the offence punishable under Sec.179 of M.V.Act in default of payment of fine the defaulter shall undergo simple imprisonment for a period of one week and they are also sentenced to pay fine of Rs.100/- (Rupees One Hundred only) each for the offence punishable Under Sec.130 R/w.177 of Motor Vehicles Act in default of payment of fine the defaulter shall undergo simple imprisonment for a period of one week.
The Accused Nos.1 and 3 are appraised of their right to prefer an appeal against the legality of the sentence. On enquiry they stated that they have got means to engage an Advocate. They executed a bond for Rs. 5,000/- (Rupees five thousand only) eahc in order to ensure their presence before the appellate court if any appeal is preferred against them in compliance with section 437(A) of Code of Criminal Procedure.
Typed to my dictation by the Stenographer Gr.III directly and pronounced by me through the Whats App Video conference on this the day of 28th day of June, 2021.
Sd/-K.Krishna Satya Latha
Metropolitan Magistrate, Vijayawada.
A ppendix Of Evidence Witnesses Examined/Documents Marked/ Material Objects
For Prosecution: For Defence
Nil
Sd/-K.Krishna Satya Latha
Metropolitan Magistrate, Vijayawada.
IN THE COURT OF THE METROPOLITAN MAGISTRATE: VIJAYAWADA
Present: Sri Marpu Sreedhar., Metropolitan Magistrate, Vijayawada
Thursday, this the 9th day of September, 2021
Calendar Case No.767 of 2021
Between: The State: Rep. By the Sub-Inspector of Police, A.S.Nagar Police Station, Vijayawada City. … Complainant
And:
1. Gorrela Tata Rao, S/o.Ramu, 35 years, Plot No.125, SF-3, Vambay Colony, Vifjayawada. Vehicle bearing No.AP 16 DR 3251.
2. Annabathula Siva Subrahmanyam, S/o.Siva Sankar, 26 years, Rajaka , Dr.No.3-6, Mylavaram, Krishna District. Vehicle bearing No.AP 39 AW 5094.
3. Medepalli Sai Mohan, S/o.Rajeswara Rao, 21 years, Patnaik, Block No.140, TF-6, Rama Nagar Colony, Vijayawada. Vehicle bearing No.AP 16 AK 6610.
.... Accused
This case came up on this day for appearance of the accused before me as the accused No2. filed memo admitting his guilt for the offences in respect of which cognizance is taken, after hearing the learned Assistant Public Prosecutor for the state and the accused No.2 in person with regard to the quantum of sentence and having stood over for consideration, this court delivered the following:
J U D G M E N T
(1)The Sub Inspector of Police, Ajith Singh Nagar Police Station laid charge sheet against the accused Nos.1 to 3 in Crime No.246/2021 for the offences punishable under Sections 188 and 269 of Indian Penal Code and
Sec.130, 179(1) R/w.177 of M.V.Act.
2.The case of the prosecution in nut shell is as follows:-
On 19.05.2021 at about 13.30 PM while the defacto complainant/L.W.4/Sri
K.Ramesh.,/S.I of Police, A.S.Nagar police station was conducting vehicle checking at Daba Kotla Centre, Ajit Singh Nagar, Vijayawada along with his staff in order to implement the orders issued by the Government of Andhra Pradesh for containment, control and prevent the spread of COVID-19 (Carona virus disease), they noticed the accused Nos.1 to 3 who were going on the vehicles bearing Nos.AP 16 DR 3251, AP 39 AQ 5094 and AP 16 AK 6610, by violating the curfew orders, social distance rule and acted negligently, even after wide publicity regarding the disease. As such, he drafted an occurrence report.
Based on the same, he registered the above case and investigated into. After completion of the investigation L.W.4/Sri K.Ramesh /Sub Inspector of police laid charge sheet against the accused. Hence, this case.
3.Cognizance is taken under Section 190 (1) (b) of Code of Criminal
Procedure Code for the offences punishable under 188 and Sec.3 of Epedemic
Act, 269 of Indian Penal Code and Sec 130 r/w.177, 179 of Motor Vehicles Act.
4.On appearance of the accused, copies of documents were furnished to
Accused No.2 as contemplated under section 207 of Code of Criminal
Procedure. Accused Nos.1 and 3 already admitted the offence but my Learned
Predecessor continued the same C.C against the Accused No.2 also. Hence this court has to continue the the same Calendar Case.
5.A2 is called present. Copies of documents furnished to accused. He was examined U/sec.251 Cr.P.C for the offence punishable U/sec. 188, 269 IPC and
Sec.179(1), 130 R/w.177 of M.V.Act and he admitted the guilt of the offence.
6. This court is satisfied that the admission of the guilt of the Accused No.2 is voluntary and not due to undue influence or coercion by anyone. Hence the admission of guilt of the Accused for the offences punishable under Section 188
IPC and Sec.3 of Epedimic Disease Act and 269 IPC and Sec. 179(1), 130,
R/w.177 of M.V.Act is accepted and the Accused No.2 is found guilty for the said offences and convicted Under Section 252 of code of Criminal Procedure for the said offences.
7.Accused No.2 requested the court to take lenient view and they stated that he was the earning members of his family.
8.Considering the facts and circumstances of the case, dependency of the accused I am of the opinion that it is just and proper to impose fine instead of sentencing them to imprisonment.
9.In the result, the Accused No.2 is sentenced to pay fine of Rs. 200/- (Rupees two hundred only) for the offence punishable under Sec.188 IPC Sec.3 of Epedemic Disease Act and in default of payment of fine, he shall undergo simple imprisonment for a period of one week and also sentenced to pay a fine of Rs. 250/- (Rupees Two Hundred and Fifty Only) for the offence punishable under Sec. 269 of Indian Penal Code in default of payment of fine he shall undergo simple imprisonment for a period of one week, he was sentenced to pay a fine of Rs. 500/- (Rupees Five Hundred only) for the offence punishable under Sec.179 of M.V.Act in default of payment of fine he shall undergo simple imprisonment for a period of one week and he also sentenced to pay fine of
Rs.100/- (Rupees One Hundred only) for the offence punishable Under Sec.130
R/w.177 of Motor Vehicles Act in default of payment of fine he shall undergo simple imprisonment for a period of one week.
10. The Accused No.2 is appraised of their right to prefer an appeal against the legality of the sentence. On enquiry he stated that he has got means to engage an Advocate. He executed a bond for Rs. 5,000/- (Rupees five thousand only) in order to ensure his presence before the appellate court if any appeal is preferred against him in compliance with section 437(A) of Code of
Criminal Procedure.
Typed to my dictation by the Stenographer Gr.III directly and pronounced by me through the Whats App Video conference on this the day of 9th day of September, 2021.
Sd/-M.Sreedhar
Metropolitan Magistrate, Vijayawada.
A ppendix Of Evidence Witnesses Examined/Documents Marked/ Material Objects
For Prosecution: For Defence
Nil
Sd/-M.Sreedhar
Metropolitan Magistrate, Vijayawada.