Smt. N.Anitha Reddy

IV Addl. Junior Civil Judge -cum- IV Additional Metropolitan Magistrate, Vijayawada

II Addl DJ Court Vijayawada · Krishna · Andhra Pradesh

Smt. N.Anitha Reddy, IV Addl. Junior Civil Judge -cum- IV Additional Metropolitan Magistrate, Vijayawada, is posted at II Addl DJ Court Vijayawada, Krishna, Andhra Pradesh, India. 1,595 court orders on record since 2014. 5 judgments with full text available. Primarily handles CC, OS, EP cases.

1,595

Total Orders

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Featured Judgments

CC/300165/2017 Acquitted

S.H.O Pedana P.S vs Javvanapudi Suresh Babu

18 Apr 2017

IN THE COURT OF THE JUDICIAL MAGISTRATE OF I-CLASS,

SPECIAL MOBILE COURT, KRISHNA, MACHILIPATNAM.

Present: Smt. N. Anitha Reddy, J.M.F.C, Special Mobile Court, Krishna, Machilipatnam.

Tuesday, this the 18th day of April, 2017.

C.C.NO.165/2017

Between:

The State represented by The Sub-Inspector of Police,

Pedana Police Station. …..Complainant.

And

Juvvanapudi Sureshbabu, S/o Bhaskara rao, 38 years, SC Madiga, near Board school, Paidikondalapalem village, Pamidimukkala Mandal, Krishna District,

Now at Sitharamapuram village, Bandar Mandal. ....Accused.

This case having come before me for hearing, in the presence of A.P.P for Complainant and of Sri Md. Masthan, Legal Aid Counel on behalf of Accused and having stood over for consideration, this Court made the following:

JUDGMENT

1. The Sub-Inspector of Police, Pedana Police Station filed the charge sheet against the accused for the offence under Section 379 IPC.

2. The case of the prosecution in brief as per charge sheet is as follows :

L.W.1/Nalluri Ravindra Kumar is resident of Nandamuru village. He has prawn tanks in Madaka village, for the purpose of supplying oxygen to his prawn tanks, he placed two electrical motors near to his prawn tanks. While so on 24.3.2017, in the after noon hours he went to lunch, and at about 3.00 P.M., he saw his two electrical motors were missing, then he searched in and around and could not able to trace out them, on that on the next day I.e, on 25.3.2017 he approached Pedana Police Station and lodged a complaint. L.W.8/Sub-

Inspector of Police, Pedana Police Station and registered a case in Cr.No.39/2017 for the offence under Section 379 IPC, issued FIR and took up investigation.

During the course of investigation, he visited the scene of offence, prepared rough sketch, examined and recorded the statements of witnesses. On 27.3.2017, on credible information, he secured presence of mediators visited bus stand at

Pedana town, there on suspicion, he caught hold the accused, on enquiry, he confessed the commission of theft of two electrical motors in the tanks of 2 complainant, on that he arrested the accused and recovered the stolen property electrical motors from his possession under cover of mediators report. After completion of investigation, he laid charge sheet against the accused for the offence under Section 379 IPC.

3. This case was taken on file for the offence under Section 379 IPC.

4.After appearance of the accused before the Court, copies of all documents on which the prosecution has relied upon were furnished to him as per Section 207(a) of Cr.P.C.

5.Accused was examined under Section 239 Cr.P.C., a charge framed against him for the offence under Section 379 IPC and the substance is read over and explained to him in Telugu, for which he pleaded not guilty and claimed to be tried.

6. In support of its case, the prosecution has examined PWs.1 to P.3 and marked Exs.P.1 to P.4. No witnesses were examined on behalf of accused, and no exhibits were marked.

7. After closure of the prosecution evidence, the accused was examined under Section 313 Cr.P.C regarding the incriminating material, for which he denied and reported no evidence on his behalf.

8. Heard both sides.

9. Now the point for consideration is:

1.Whether the accused has committed theft of two electrical motors M.Os1 and 2 from the prawn tanks of defacto-complainant/P.w.1?

2.Whether the accused found in the dishonest possession of M.Os.1 and 2 for which he could not account for?

10. To prove its case, the prosecution has examined 3 witnesses, in which P.W.1 is the complainant, P.W.2 is the Investigating Officer and P.W.3 is Mediator in 3 whose presence P.W.2 recorded confession and recovered the property from the possession of accused. Ex.P.1 is the complaint. Ex.P.2 is FIR. Ex.P.3 is rough sketch and Ex.P.4 is Mediators report.

11. P.W.1 categorically stated that he own and possess prawn tanks at Madaka village, for the purpose of supplying oxygen to his prawn tanks, he placed M.Os.1 and 2 near to his prawn tanks, while so on 24.3.2017 in the after noon hours, after having lunch and returned to the prawn tanks at about 3.00 P.M., he noticed

M.Os. 1 and 2 are missing then he searched in and around and could not able to trace, on that on the next day I.e, on 25.3.2017 he approached Pedana Police

Station and lodged Ex.P.1. During his cross-examination it was elicited that he did not hand over any documents or receipts relating to M.Os.1 and 2.

12. A perusal of evidence of P.W.1, it reveals that P.W.1 no where deposed that he witnessed when accused committed theft of M.Os.1 and 2 near to his prawn tanks, so the evidence of P.W.1 clearly discloses that he is not having personal knowledge when the accused committed theft, hence his evidence is not useful to the prosecution case in proving the guilt of the accused for the offence under

Section 379 IPC.

With regard to offence under Section 411 of IPC:

13. The prove the offence under Section 411 of IPC, the prosecution mainly relied on the evidence of P.Ws. 2 and 3. The evidence of P.W.3 is crucial to prove whether seizure of M.Os. 1 and 2 from the possession of accused, was not in the presence of P.W.3 under cover of Ex.P.4. As seen from the evidence of P.W.3, on 27.3.2017 at about 11.00 A.M., on the requisition of Pedana Police, P.W.2 and

L.W.7/Parasa Suryanaranan, Pedana town proceeded to APSRTC bus stand, Pedana town, the accused tried to fled away from that place, on that Sub-Inspector of

Police with the help of his staff caught him, on enquiry, he confessed that on 24.3.2017 he committed theft of M.Os.1 and 2 at the prawn tanks of P.W.1. He further deposed that the accused also confessed that he has committed theft of copper wire at prawn tanks of P.W.1, much earlier. Basing on it, in their presence 4 P.W.2 seized M.Os. 1 and 2 from the possession of accused under cover of

Mediator's report/Ex.P.4.

14. P.W.2 who is Investigation Officer in the instant case, categorically stated that on 25.3.2017 P.W.1 came to Police Station and lodged Ex.P.1, basing on it, he registered a case for the offence under Section 379 IPC, issued FIR, examined and recorded the statement of P.W.1 in the Police Station itself, on that he visited the scene of offence, examined and recorded the statements of other witnesses, prepared rough sketch of the scene, on 27.3.2017 on credible information, he secured the presence of mediators, visited the Pedana bus stand, he apprehended accused and on enquiry, he confessed the commission of theft of M.Os.1 and 2 near the prawn tanks of P.W.1, further confessed that on 12.3.2017 he has committed theft of copper wire beside the prawn tanks of P.W.1, on that he recovered M.Os.1 and 2 and copper wire from his possession, arrested him under cover of mediator's report/Ex.P.4, after completion of investigation, he laid charge sheet against the accused for the offence under Section 379 of IPC.

15. From the evidence of P.W.2, it reveals that in the presence of P.W.3 and

L.W.7/Parasa Surynanarayana, he arrested the accused and seized M.Os.1 and 2 from the possession of accused under cover of Ex.P.4. A perusal of Ex.P.4, it contains the signature of accused, P.Ws.2,3 and L.W.7/Parasa Suryanarayana. The contents of Ex.P.4 clearly corroborated with the version of P.W.3 to show that P.W.2 recovered electrical motors/M.Os.1 and 2 from the possession of accused and the evidence of P.W.2 is also corroborated, in presence of mediator's report with regard to the confession in his presence, independent witness P.W.3 also corroborated with the evidence of P.W.2. Nothing was elicited by accused counsel during cross-examination of P.Ws.2 and 3, to discard their evidence admittedly no suggestion is put to P.W.3 with regard to his enmity with accused. Thus, from the above discussion, P.Ws. 2 and 3 evidence is corroborated with each other with regard to arrest and recovery of M.Os.1 and 2 under cover of Ex.P.4.

16. The learned Legal Aid Counsel argued that P.W.2 did not investigate on proper lines and there was no signature of accused over slips affixed on M.Os.1 5 and 2, hence recovery of M.Os.1 and 2 from the possession of accused, created a doubt. On the other side, the learned AP rely upon the Judgment of the

Honourable Apex Court in between Dr. Sunil Clifford Daniel Vs. State of

Punjab, in which it was held that “the Investigating Officer is not obliged the signature of an accused in any statement attributed to him while preparing seizure memo for the recovery of any article covered by Section 27 of the Evidence Act in turn if he obtained any signatures there isnothing wrong of illegal about it”

17. In the present case, P.W.2 obtained signature of Ex.P.4 that itself would not make Ex.P.4 invalid. Hence the above ratio is applicable to the present case. On the other side, the Investigating Officer did not obtain any signatures on M.Os.1 and 2 that itself would not discard the evidence of panchayat witness/P.W.3. For the above reasons P.Ws. 2 and 3 evidence clearly establishes immediately after theft of M.Os.1 and 2, the accused was found in possession of them, it could be said that accused is found in possession of stolen property M.Os.1 and 2 immediately after theft, hence the prosecution successfully prove the guilt of the accused for the offence under Section 411 of IPC.

18. From the above discussion, I hold that

Accused is found not guilty for the offence under Section 379 of IPC and acquitted under Section 248(1) Cr.P.C. Accused is found guilty for the offence under Section 411 of IPC and convicted under Section 248(2) Cr.P.C.

Dictated to steno, transcribed by her, corrected and pronounced by me in

the open court, this the 18th day of April, 2017.

Sd/-N.Anitha Reddy

Judl. I-Class Magistrate, Spl. Mobile Court, Krishna, Machilipatnam.

Quantum of sentence:

On hearing the sentence to be passed against accused/convict, he pleaded as follows: The convict/Accused submitted that he is having wife and children depending upon him and he is the sole bread winner of his family, if he is sent 6 to jail, there is no body to take care of his family and prayed to take a lenient view.

Considering the facts and circumstances of the case and the plea of the convict/accused, I am not inclined to apply the provisions of Probation of

Offenders Act. In view of the responsibilities casted upon the convict/Accused however in view of the circumstances of the case and the nature of the offence,

I consider that imposing sentence of imprisonment, would be an adequate punishment.

In the result, Accused is sentenced to Rigorous Imprisonment for a period of six months for the offence under Section 411 of IPC. The period from which the accused is in judicial custody I.e, from 27.3.2017 till today I.e, 18.4.2017, shall be set off against the imprisonment, under Section 428 of Cr.P.C. The case property

M.Os.1 and 2 shall be returned to complainant/P.W.1, after appeal time.

Sd/-N.Anitha Reddy

Judl. I-Class Magistrate, Spl.Mobile Court, Krishna, Machilipatnam.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED FOR

PROSECUTION: P.W.1N. Ravindra Kumar P.W.2A. Ganesh Kumar P.W.3B. Nagaraju

DOCUMENTS MARKED FOR

PROSECUTION

Ex.P.1 Complainant of P.W.1 Ex.P.2First Information Report Ex.P.3Rough Sketch Ex.P.4Mediator's Report

MATERIAL OBJECTS MARKED

M.O.1 Electrical motors and 2

Sd/-N.Anitha Reddy

Judicial Magistrate of I-Class,

Spl. Mobile Court, Krishna, Machilipatnam.

CC/300040/2017 Acquitted

Sub inspector of police Bandar Taluq P.S vs Ganjala Subbayya

25 Apr 2017

IN THE COURT OF THE JUDICIAL MAGISTRATE OF I-CLASS,

SPL. MOBILE COURT, KRISHNA, MACHILIPATNAM.

Present:- Smt. N.Anitha Reddy, Judl. I-Class Magistrate, Spl.Mobile Court, Krishna, Machilipatnam.

Tuesday, this the 25thday of April, 2017.

C.C.No. 40/2017

Between The State represented by, Sub-Inspector of police,

Bandar Taluk Police Station..Complainant.

And

1Ganjala Subbayya, S/o Nageswara rao, 47 years, 2Ganjala Nageswara rao, s/o Subbayya, 18 years, 3Pere Nagaraju, S/o Narayana, 24 years, 4Ganjala Suseela, W/o Nageswara rao(late), 56 years 5Ganjala Padma, W/o Subbayya, 38 years, 6Ganjala Rajamma, W/o Venkateswara rao, 52 years, All are Caste by Mudirajulu, Kona village, Bandar Mandal.

…..Accused.

This case came before me for final hearing and disposal in the presence of learned A.P.P., for the state and of Sri Md. Masthan, Legal Aid Counsel on behalf of and upon hearing both sides, stood over for consideration till this day, this court delivered the following:

J U D G M E N T

The Sub-Inspector of Police, Bandar Taluk Police Station has filed charge sheet against the accused for the offence under Sections 448, 324, 323 r/w 34 IPC.

2. The brief Case of the prosecution as per charge sheet is as follows: On 23.12.2016 at about 8.00 AM, when L.W.2/Pere Sravani daughter of

L.W.1/Pere Rambabu was at kiranan shop of their village, A.4 went there abused her and on that she informed the same to him. Then L.W.6/Pere Vanistri wife of L.W.1, questioned about the acts of accused, on that at about 7.00 PM, A.1 to A.6 trespassed into their house, A.1 to

A.3 rounded up rope to the neck of L.w.1/Pere Rambabu, dragged him out of the house, A.1 with a cock knife beat on his left side of fore head and also on his left shoulder, A.2 beat him with a stick on his back, A.4 to A.6 of you beat him with hands and legs indiscriminately, due to beatings he sustained injuries and was shifted to Government Hospital, Machilipatnam.

L.W.8/WHC 1188 of Bandar Taluk Police Station recorded the statement of L.W.1/Pere

Rambabu, basing on it, L.W.9/Sub-Inspector of Police, Bandar Taluk Police Station registered a case in Cr.No.226/2016 for the offence under Sections 448, 323, 324 r/w 34 IPC, took up investigation, during the course of it, he examined and recorded the statements of witnesses, visited the scene of offence and prepared rough sketch of the scene. After completion of investigation and obtaining wound certificate, he laid charge sheet under Sections 448, 323, 324 r/w 34 IPC, against the accused.

3.This case was taken on file for the offence under Sections 448, 324, 323 r/w 34 IPC.

4. After appearance of the accused before the court, copies of all documents on which the prosecution relied upon were furnished to them as per 207 (a) of Cr.P.C.

5.Accused were examined U/sec. 239 of Cr.P.C., and the charge framed against him for the offence under Sections 448, 323, 324 r/w 34 IPC and the substance of which when explained to them in Telugu, they pleaded not guilty and claimed to be tried.

6.The prosecution to bring home the guilt of the accused, examined P.W. 1 and 2 Ex.P.1 to P.3 were marked. As the prime witnesses did not support the case of prosecution, the Assistant Public Prosecutor has given up the examination of the other witnesses L.Ws.3 to 9.

7.After closure of the prosecution as there is no incriminating material available on record, the examination of the accused U/sec. 313 Cr.P.C. is dispensed with. No defence evidence is adduced.

8.Heard both sides.

9.Now the point for determination is : “Whether the prosecution proved the guilt of the accused for the offence punishable under Sections 448, 323, 324 r/w 34 IPC, beyond all reasonable doubt?

Point:

10.P.W.1 testified that at about four months ago, suddenly he fell down from the motor bike and sustained injuries. He further stated that he was shifted to Government

Hospital, Machilipatnam, there in the hospital, police had taken his signature/Ex.P.1 on a white paper. P.W.1 denied the contents in the report, that has set the criminal law into motion.

P.W.2 pleaded totally ignorant of the case. For the reason of hostility of P..Ws.1 and 2, nothing incriminating against the accused for the charge against them is forthcoming from the testimony of PW.1 and 2. Hence, the only alternative left to the court is to conclude that the accused are not found guilty for the offence under Sections 448, 324, 323 r/w 34 IPC.

Accordingly, the point is answered.

11.As the prosecution failed to prove the charge against the accused, they are entitled for acquittal.

In the result, the accused 1 to 6 are found not guilty for the offence punishable under Sections 448, 324, 323 r/w 34 IPC, and accordingly, he acquitted under Section 248(1) of Cr.P.C. The bail bonds of the accused, shall remain in force for a period of six months as contemplated under Section 436 A of Cr.P.C. The unmarked property if any shall be destroyed after appeal time.

Dictated to steno, transcribed by her, corrected and pronounced by me in the open

court, on this the 25th day of April, 2017.

Sd/- N. Anitha Reddy,

J.F.C. Magistrate, Spl.Mobile Court, Krishna, Machilipatnam.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED FOR

PROSECUTION DEFENCE

PW.1P. Rambabu- NONE -

P.W.2P. Sravani-

DOCUMENTS MARKED ON BEHALF OF

PROSECUTION DEFENCE:

Ex.P.1Signature of P.W.1 in report. - Nil -

Ex.P.2Sec.161Cr.P.C. statement of PW.1. Ex.P.3Sec.161 Cr.P.C. Statement of P.W.2

Sd/- N. Anitha Reddy,

J.F.C.Magistrate, Spl.Mobile Court, Krishna, Machilipatnam.

CC/300188/2015 Acquittal Disposal Date: 28-04-2017

SHO of Guduru PS vs Anisetty Naganjaneya Prasad

28 Apr 2017

CC/300252/2015 Convicted Disposal Date: 28-04-2017

The State vs Yerramsetti Nagapandma

28 Apr 2017

CC/300193/2016 Acquittal Disposal Date: 28-04-2017

The sho pedana P.S vs Katta Mahalaxmudu @kattabbai

28 Apr 2017

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CC/50090/2017	SHAIK ABDUL SALAM vs BHIMAVARAPU YASODADEVI	11 Oct 2018	Judgment	—
CC/500018/2017	Vanapalli Sitha Devi vs Verupilla Srinu	10 Oct 2018	Judgment	—
OS/35/2018	GANTASALA CHANDRA LEELA vs YELIGOPU GANA MURALI GOPALA KRISHNA Y.G.M.G. KRISHNA	09 Oct 2018	Judgment	—
RCC/16/2017	KOKKU ANDALAMMA vs BIJJI GOPI	09 Oct 2018	Order	—
CC/155/2018	Kadiyala Sri Harsha vs A.Nageswara Rao	09 Oct 2018	Judgment	—
CC/500008/2017	J. Hareram vs M.Habeeb jani	09 Oct 2018	Judgment	—
EP/5000048/2015	PILLA SAMBASIVA SHANKARA RAO vs BHOGAVALLI PRABHAKARA RAO	08 Oct 2018	Order	—
OS/159/2018	Pitta Appala Narasamma vs Yanam Raju	08 Oct 2018	Judgment	—
OS/296/2017	STATE BANK OF INDIA vs BEZAWADA ROJA	08 Oct 2018	Judgment	—
OS/724/2016	MS SWARNA ESTATES -P- Ltd., vs Anup Kaur	08 Oct 2018	Judgment	—
RCC/39/2017	A. RAJENDRA vs KONA MALLESWARI	08 Oct 2018	Order	—
OS/1163/2017	G. SRINU vs THE JOINT COLLECTOR	05 Oct 2018	Judgment	—
RCC/4/2018	CHALUVADI VENKATA GUPTA BABU vs K. NANDINI	05 Oct 2018	Order	—
CC/500022/2017	Lanka Rajendra Babu vs Vemula Venkateswara Rao	05 Oct 2018	Judgment	—
OS/215/2017	CHAGANTIPATI SRINIVASA RAO vs CHALASANI PRASAD	04 Oct 2018	Judgment	—
OS/514/2018	Sri Kanyaka Parameswari Anna Satram Committee,rep.by its General Secretary vs Smt.Saladi Vanaja Soma Sundari,Prop.Vanaja Electricals,	04 Oct 2018	Judgment	—
RCC/38/2015	Nidumukkula Venkata Narsimha Rao vs Modaduga Venkatata Subramanyam	04 Oct 2018	Order	—
EP/50039/2012	R.Ramesh Babu vs K.Jaya Raj Kumar	03 Oct 2018	Order	—

Showing 100 of 1,561 orders — Log in to browse all pages.

Monthly Orders (Last 12 Months)

Dec 2018		21
Nov 2018		38
Oct 2018		47
Sep 2018		43
Aug 2018		46
Jul 2018		47
Jun 2018		51
May 2018		17
Apr 2018		53
Mar 2018		33
Feb 2018		18
Jan 2018		22

Frequently Asked Questions

How many cases has Smt. N.Anitha Reddy handled?

Smt. N.Anitha Reddy has handled 1595 court orders since 2014 at II Addl DJ Court Vijayawada. The average disposal rate is 28 orders per month.

What types of cases does Smt. N.Anitha Reddy hear?

Based on available records, Smt. N.Anitha Reddy primarily handles Criminal matters (Criminal Cases) and Civil matters (Original Suits, Execution Petitions) at II Addl DJ Court Vijayawada.

Where is Smt. N.Anitha Reddy currently posted?

Smt. N.Anitha Reddy is posted as IV Addl. Junior Civil Judge -cum- IV Additional Metropolitan Magistrate, Vijayawada at II Addl DJ Court Vijayawada, Krishna, Andhra Pradesh.

Are judgments by Smt. N.Anitha Reddy available online?

Yes. 5 judgments by Smt. N.Anitha Reddy are available on Legistro with full text, outcome, and sections cited.

How fast does Smt. N.Anitha Reddy dispose cases?

Smt. N.Anitha Reddy disposes approximately 28 cases per month, based on 1595 orders handled over their tenure at II Addl DJ Court Vijayawada.

Since when is Smt. N.Anitha Reddy serving?

Smt. N.Anitha Reddy has been serving at II Addl DJ Court Vijayawada since 2014.

Case Types

CC 67%

OS 17%

EP 7%

RCC 6%

MC 3%

PRC 0%

Posting History

May 2017 — Dec 2018

IV Addl. Junior Civil Judge -cum- IV Additional Metropolitan Magistrate, Vijayawada · 569 orders
Apr 2014 — May 2017

Judl.Magistrate of Ist Class,Spl.Mobile Court,MTM · 1,026 orders

Outcomes on Record

Acquittal Disposal Date: 28-04-2017 2

Acquitted 2

Convicted Disposal Date: 28-04-2017 1

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← View all judges at II Addl DJ Court Vijayawada

Smt. N.Anitha Reddy

IN THE COURT OF THE JUDICIAL MAGISTRATE OF I-CLASS,

SPECIAL MOBILE COURT, KRISHNA, MACHILIPATNAM.

C.C.NO.165/2017

JUDGMENT

APPENDIX OF EVIDENCE

WITNESSES EXAMINED FOR

DOCUMENTS MARKED FOR

PROSECUTION

MATERIAL OBJECTS MARKED

IN THE COURT OF THE JUDICIAL MAGISTRATE OF I-CLASS,

SPL. MOBILE COURT, KRISHNA, MACHILIPATNAM.

C.C.No. 40/2017

J U D G M E N T

APPENDIX OF EVIDENCE

WITNESSES EXAMINED FOR

PROSECUTION DEFENCE

DOCUMENTS MARKED ON BEHALF OF

SPECIAL MOBILE COURT, MACHILIPATNAM, AT KRISHNA.

C.C. No. 300188/2015

Special Mobile Court, Machilipatnam.

Special Mobile Court, Machilipatnam.

Special Mobile Court, Machilipatnam.