Vindhya Naik

1/4 C.C.No.52 of 2021.

IN THE COURT OF JUDICIAL MAGISTRATE OF FIRST CLASS,

BANSWADA.

Present: Smt. VINDHYA NAIK,

Judicial Magistrate of First Class,

Banswada,

Dated this the 6th day of August, 2021.

C.C. No. 52 of 2021.

Between :

The State Police, through the Station House Ofcer, Banswada Police Station in Crime No.195 of 2020. …Complainant A n d

A.1)Ollepu Papaiah S/o. Sailu, Age: 24 years, Caste: Voddera, Occ: Labour, R/o. H. No.2-3-25, Yerramannukucha of Thadkole village of Banswada.

A.2)Dandugula Pedda Thirmalaiah S/o. Thimmaiah, Age: 390 years, Caste: Voddera, Occ: Labour, R/o. Yerramannukucha of Thadkole village of Banswada.

A.3)Dandugula Thurumailaiah S/o. Maisaiah, Age: 25 years, Caste: Oddera, Occ: Labour, R/o. H. No.2-3-22, Islampura of Banswada.

A.4)Dandla Raju @ Odde Raju S/o. Venkaiah, Age: 28 years, Caste: Oddera, R/o. H. No.1-113, Erramannukucha of Banswada.

(This case is split up vide C.C. No.629 of 2021 against Accused No.2 to 4).

...Accused Nos.1 to 4.

This case has came before me for disposal on this day in the presence of accused No.1 having been produced from Jail and the Court delivers the following:

:: J U D G M E N T ::

The Sub Inspector of Police, Banswada Police Station fled charge sheet against the accused in Crime No.195 of 2020 for the ofence

U/Sec.380 of I.P.C.

2.The brief facts prosecution are that the complainant on 06-06-2020 at about 2200 hours he along with his brother by name Srinivas Reddy slept on the slab of their building by keeping their two cell phones Redmi

Note6 Pro IMEI No.863309046045457 IMEI No.863309046045457 IMEI

No.863309046045465,, 2) Honor 9N cell IMEI No.1) 865617042625033

IMEI 2) 865617042825039. Beside them. He woke up on the morning of 07-06-2020 at about 0600 hours, then he did not fnd their two cell phones. Then he searched for his missing two cell phones, but they are not traced. In the night hours the accused Nos.1 to 4 went on to the 2/4 C.C.No.52 of 2021.

building roof top of the complainant (Ittireddy Venugopal Reddy) in the night time and stolen away two cell phones from the sleeping persons and the stolen two cell phones are with accused No.1 (Ollepu Papaiah). They are (accused Nos.1, 3 and 4) absconding since the commission the ofence pertaining to this case in Crime No.195 of 2020, U/Sec.380 of I.P.C., of

Banswada Police Station. On the confession of the accused, under a cover of panchanama accused Nos.1 to 4 committed the ofence punishable

U/Sec.380 of I.P.C.

3.Basing on the complaint the Police registered the case in Crime

No.195 of 2020 of Banswada Police Station. During the time of investigation, the Police have conducted scene of ofence panchanama in the presence of L.ws.4 and 5 (B. Mohan Reddy and Yellagoni Sai Baba

Goud). After completion of the investigation, the Police laid the charge sheet.

4.The case was taken on fle for the ofences punishable U/Sec.380 of

I.P.C against accused Nos.1 to 4. On appearance of A1 to A4, copies of documents were furnished to them as required U/Sec.207 of Cr.P.C., and was examined U/Sec.239 of Cr.P.C., and charges U/Sec.380 of I.P.C., were framed against accused Nos.1 to 4, read over and explained in vernacular for which the accused persons pleaded not guilty and claimed to be tried.

5.During the course of trial, the accused No.1 is produced from District

Jail, Nizamabad. He fled an application dated: 06-08-2021 before this

Court to read over the charges once again in order to allowed him to withdraw his claim to be tried and plead guilty and submitted that he did not understand the substance during the time of examination on earlier occasion i.e., on dated: 17.02.2021. Accused Nos.2 to 4 are called absent. No representation was made for them. Their presence could not be insisted by this Court due to present COVID pandemic situation and also in view of guidelines issued by Hon’ble High Court Vide R.O.C. No.394/

SO/202, dated 30-07-2021 where this Court is functioning virtually.

6.Material on fle discloses that accused No.1 is in Judicial custody since 16.12.2020 to till date. Further accused Nos.2 to 4 were examined and the case is now posted for trial.

7.Considering the application fled by accused No.1 and by considering his duration in judicial custody. This court relied upon below 3/4 C.C.No.52 of 2021.

case laws of Hob’ble Supreme Court in State of Maharashtra Etc., V/s.

Sukhdeo Singh And Anr. Etc., on 15 July, 1992.

Equivalent citations: 1992 AIR 2100, 1992 SCR (3) 480 where it was held that :

“There is nothing in this Chapter which prevents the accused from pleading guilty at any subsequent stage of the trial. But before the trial

Judge accepts and acts on that plea he must administer the same caution

unto himself“.

8. Further in Santhosh V/s. State of Kerala on 26 February, 2003 Honorable

High Court of Kerela held that:

“Plea of guilt can be taken at any stage of trial after framing charge and further held that, If an accused is allowed to withdraw his claim to be tried and plead guilty, an earlier termination of the trial can be secured and wastage of the precious time of the Court can be avoided.”

9.In regard to the facts and circumstance and by relying upon the above case law this Court is inclined to considered the plea of accused No.1 for conducting re-examination for him.

10.Since accused Nos.2 to 4 are also examined U/Sec.239 of Cr.P.C., along with accused No.1 the case against accused Nos.2 to 4 is split up for proceeding with trial against them. Ofce is directed to give a separate C.C.

No.629 of 2021 for accused Nos.2 to 4 and Police is directed to fle the certifed copies of all relevant document in the new split up case.

11.The accused No.1 is examined U/Sec.239 of Cr.P.C., for the ofences punishable U/Sec.380 of I.P.C., for which, he pleaded guilty voluntarily and pleaded mercy of this Court in sentencing him. The plea of the accused No.1 appears to be voluntarily and informed the consequences of the plead guilty, for which accused No.1 accepted above.

12.Thus, the accused No.1 is found guilty for the ofence U/Sec.380 of

I.P.C., and convicted U/Sec.241 of the Cr.P.C., for the ofences punishable

U/Sec.380 of I.P.C.

13.Heard on the quantum of sentence to be imposed against accused

No.1 for the ofences punishable U/Sec.380 of I.P.C., which were pleaded guilty by him. He submitted that he have old age parents and his wife, who are unable to take care of themselves and depending on him. Accused No.1 4/4 C.C.No.52 of 2021.

further submitted that he is in Jail since 16.12.2020 to till date further prayed that his remand period to be set of for the ofences.

14.Further submitted that he is repenting for his mistake as he is sufering a lot undergoing imprisonment. Considering the plea and the voluntarily in this case. I am of the opinion to take lenient view against accused No.1.

15.After considering the facts and circumstances of the case and the submissions made by the accused No.1. Accordingly accused No.1 is sentenced to undergo simple imprisonment for a period of One (01) year each for the ofences punishable U/Sec.380 of I.P.C., and to pay a fne of Rs.100/- (Rupees One Hundred only) for the ofence U/Sec.380 of I.P.C., and in default of payment of fne, he shall undergo simple imprisonment for a period of one week for the ofence. The remand period of accused No.1 from 16.12.2020 to till date shall be set of U/Sec.428 of Cr.P.C.

16.No property is deposited, as such property Order is not pronounced.

Meanwhile the Superintendent of the District Jail, Nizamabad, is hereby directed to release the accused No.1 after undergoing the above stated sentence by accused No.1 forthwith if he is not required in any other cases.

Typed to my dictation by Stenographer, corrected and pronounced by me in open Court on this the 6th day of August, 2021.

Sd/-

Judicial First Class Magistrate, Banswada.

5 C.C.No.52 of 2021.

CALENDAR AND JUDGMENT (IN THE FORM OF P.D.F., IN C.D.)

IN THE COURT OF THE JUDICIAL MAGISTRATE OF FIRST CLASS, BANSWADA.

C.C.No.52 of 2021.

1. Date of ofence:06-06-2020.

2. Date of complaint:07-06-2020.

3. Date of apprehension:16-12-2020.

4. Date of release :06-08-2021.

5. Date of commencement of trial:06-08-2021.

6. Date of closure of trial:06-08-2021. (Admitted).

7. Date of Judgment:06-08-2021.

8. Explanation of delay or remarks:---

Complainant : The State Police, through the Station House Ofcer, Banswada Police Station in Crime No.195 of 2020.

Description of accused:

A.1)Ollepu Papaiah S/o. Sailu, Age: 24 years, Caste: Voddera, Occ: Labour, R/o. H. No.2-3-25, Yerramannukucha of Thadkole village of Banswada.

Ofence Under Section: U/Sec.380 of I.P.C.

Finding: Found guilty.

Sentence : Convicted U/Sec.241 of Cr.P.C.

Sd/-

Judicial Magistrate of First Class,

Banswada. To

The Hon’ble I Additional District and Sessions Judge, Nizamabad.

06/08/2021. JMFC.

1/5 C.C.No.136 of 2021.

IN THE COURT OF JUDICIAL MAGISTRATE OF FIRST CLASS,

BANSWADA.

Present: Smt. VINDHYA NAIK,

Judicial Magistrate of First Class,

Banswada,

Dated this the 10th day of August, 2021.

C.C. No. 136 of 2021.

Between :

The State Police, through the Station House Ofcer, Banswada Police Station in Crime No.29 of 2021. …Complainant A n d

A.1)Andhali Kistaiah S/o. Andhali Maisaiah, Age: 35 years, Caste: Mudhiraj, R/o. Burgul village of Nizamsagar mandal.

A.2)Gajjala Kottam Surendar S/o. Balram, Age: 30 years, Caste: Mudhiraj, Occ: Labour, R/o. Burgul village of Nizamsagar mandal.

(This case is split up vide C.C. No.631 of 2021 against Accused No.2).

...Accused Nos.1 and 2.

This case has came before me for disposal on this day in the presence of accused No.1 having been produced from Jail and the Court delivers the following:

:: J U D G M E N T ::

The Sub Inspector of Police, Banswada Police Station fled charge sheet against the accused in Crime No.29 of 2021 for the ofence

U/Sec.379 of I.P.C.

2.The brief facts prosecution are that complainant is the Government

Teacher. On 28-01-2021 about 1230 hours, he went to PRTU., Bhavan to attend Teacher’s meeting and parked his Hero Splendor Motor Cycle bearing No.AP-04-F-4254 beside the said Teachers PRTU., Bhavan and went into the Bhavan to attending the meeting. In the temporary absence of the complainant the accused persons namely Andhali Kistaiah and

Gajjala Kottam Surendar went there, then accused No.1 opened the lock of the Motor Cycle bearing No.AP-04-F-4254 with false key and stolen away it and they went to their village Burgul and the same Motor Cycle is kept with accused No.1 and used it for his needs, prior to that the accused

Nos.1 and 2 has committed 6 Motor Cycles from various places from

Rampur Kalan, Rythunagar, Lingampet and from Hyderabad. The cases of those 6 stolen Motor Cycles were not registered. At any Police Station, 2/5 C.C.No.136 of 2021.

thus the accused Nos.1 and 2 have committed the ofence punishable

U/Sec.379 of I.P.C. As such the complainant requested for action.

3.Basing on the complaint the Police registered the case in Crime

No.29 of 2021 of Banswada Police Station. During the time of investigation, the Police have conducted scene of ofence panchanama in the presence of L.ws.4, 5 (Md. Abdul Khaliq and MA. Abdul Salam) and then conducted confession-cum-recovery panchanama of the accused in the presence of L.ws.6 and 7 (Kaparthi Sangameswar and Vanam Anil

Kumar). After completion of the investigation, the Police laid the charge sheet.

4.The case was taken on fle for the ofences punishable U/Sec.379 of

I.P.C against accused Nos.1 and 2. On appearance of accused Nos.1 and 2, copies of documents were furnished to them as required U/Sec.207 of

Cr.P.C., and was examined U/Sec.239 of Cr.P.C., and charges U/Sec.379 of

I.P.C., were framed against accused Nos.1 and 2, read over and explained in vernacular for which the accused persons pleaded not guilty and claimed to be tried.

5.During the course of trial, accused No.1 is produced from District jail,

Nizamabad. He fled an application dated: 10-08-2021 before this Court to read over the charges once again in order to allowed him to withdraw his claim to be tried and plead guilty and submitted that he did not understand the substance during the time of examination on earlier occasion i.e., on dated: 30.03.2021. Accused No.2 is called absent. No representation was made for them. Their presence could not be insisted by this Court due to present COVID pandemic situation and also in view f guidelines issued by Hon’ble High Court Vide R.O.C. No.394/SO/202, dated 30-07-2021 where this Court is functioning as per SOP I.

6.Material on fle discloses that accused No.1 is in Judicial custody since from 09.02.2021 to till date. Further accused Nos.1 and 2 were examined and the case is now posted for trial.

7.Considering the application fled by accused No.1 and by considering his duration in judicial custody. This Court relied upon below case laws of

Hob’ble Supreme Court in State of Maharashtra Etc. Etc V/s. Sukhdeo

Singh And Anr. Etc. Etc on 15 July, 1992.

Equivalent citations: 1992 AIR 2100, 1992 SCR (3) 480 where it was held that :

3/5 C.C.No.136 of 2021.

“There is nothing in this Chapter which prevents the accused from pleading guilty at any subsequent stage of the trial. But before the trial

Judge accepts and acts on that plea he must administer the same caution

unto himself“.

8.Further in Santhosh V/s. State of Kerala on 26 February, 2003

Honorable High Court of Kerela held that:

“Plea of guilt can be taken at any stage of trial after framing charge and further held that, If an accused is allowed to withdraw his claim to be tried and plead guilty, an earlier termination of the trial can be secured and wastage of the precious time of the Court can be avoided.”

9.In regard to the facts and circumstance and by relying upon the above case law this Court is inclined to considered the plea of accused

No.1 for conducting re-examination for him.

10.Since accused No.2 is also examined U/Sec.239 of Cr.P.C., along with accused No.1 the case against accused No.2 is split up for proceeding with trial against them. Ofce is directed to give a separate C.C. No.631 of 2021 for accused No.2 and Police is directed to fle the certifed copies of all relevant document in the new split up case.

11.The accused No.1 is re-examined U/Sec.239 of Cr.P.C., for the ofences punishable U/Sec.379 of I.P.C., for which, he pleaded guilty voluntarily and pleaded mercy of this Court in sentencing him. The plea of the accused No.1 appears to be voluntarily and informed the consequences of the plead guilty, for which accused No.1 accepted above.

12.Thus, the accused No.1 is found guilty for the ofence U/Sec.379 of

I.P.C., and convicted U/Sec.241 of the Cr.P.C., for the ofences punishable

U/Sec.379 of I.P.C.

13.Heard on the quantum of sentence to be imposed against accused

No.1 for the ofences punishable U/Sec.379 of I.P.C., which were pleaded guilty by him. He submitted that he have old age parents and his wife, who are unable to take care of themselves and depending on him.

Accused No.1 further submitted that he is in Jail since from 09.02.2021 to till date further prayed that his remand period to be set of for the ofences.

14.Further submitted that he is repenting for his mistake as he is sufering a lot undergoing imprisonment. Considering the plea and the 4/5 C.C.No.136 of 2021.

voluntarily in this case. I am of he opinion to take lenient view against accused No.1.

15.After considering the facts and circumstances of the case and the submissions made by the accused No.1. Accordingly accused No.1 is sentenced to undergo simple imprisonment for a period of Seven (07) months for the ofence punishable U/Sec.379 of I.P.C., and to pay a fne of

Rs.100/- (Rupees One Hundred only) for the ofence U/Sec.379 of I.P.C., and in default of payment of fne, he shall undergo simple imprisonment for a period of one week for the ofence. The remand period of accused No.1 from 09.02.2021 to till date shall be set of U/Sec.428 of Cr.P.C.

16.Since the case is pending against accused No.2, as such property order is not pronounced. Meanwhile the Superintendent of the District Jail,

Nizamabad, is hereby directed to release accused No.1 after undergoing the above stated sentence by accused No.1 forthwith if they are not required in any other cases.

Typed to my dictation by Stenographer, corrected and pronounced by me in open Court on this the 10th day of August, 2021.

Sd/-

Judicial First Class Magistrate, Banswada.

5 C.C.No.136 of 2021.

CALENDAR AND JUDGMENT (IN THE FORM OF P.D.F., IN C.D.)

IN THE COURT OF THE JUDICIAL MAGISTRATE OF FIRST CLASS, BANSWADA.

C.C.No.136 of 2021.

1. Date of ofence:28-01-2021.

2. Date of complaint:28-01-2021.

3. Date of apprehension:09.02.2021

4. Date of release :10-08-2021.

5. Date of commencement of trial:10-08-2021.

6. Date of closure of trial:10-08-2021. (Admitted).

7. Date of Judgment:10-08-2021.

8. Explanation of delay or remarks:---

Complainant : The State Police, through the Station House Ofcer, Banswada Police Station in Crime No.29 of 2021.

Description of accused:

A.1)Andhali Kistaiah S/o. Andhali Maisaiah, Age: 35 years, Caste: Mudhiraj, R/o. Burgul village of Nizamsagar mandal.

Ofence Under Section: U/Sec.379 of I.P.C.

Finding: Found guilty.

Sentence : Convicted U/Sec.241 of Cr.P.C.

Sd/-

Judicial Magistrate of First Class,

Banswada. To

The Hon’ble I Additional District and Sessions Judge, Nizamabad.

10/08/2020. JMFC.

1/5 . C.No.115 of 2021.

IN THE COURT OF JUDICIAL MAGISTRATE OF FIRST CLASS,

BANSWADA.

Present: Smt. VINDHYA NAIK,

Judicial Magistrate of First Class,

Banswada,

Dated this the 10th day of August, 2021.

C.C. No. 115 of 2021.

Between :

The State Police, through the Station House Ofcer, Pitlam Police Station in Crime No.99 of 2020. …Complainant A n d

Avusula Krishnachary S/o. Satyanarayana, Age: 24 years, caste: Avusula, Occ: Labour, R/o. Annaram village of Pitlam mandal.

...Accused.

This case has came before me for disposal on this day in the presence of accused having been produced from Jail and the Court delivers the following:

:: J U D G M E N T ::

The Sub Inspector of Police, Pitlam Police Station fled charge sheet against the accused in Crime No.99 of 2020 for the ofence U/Sec.457 and 380 of I.P.C.

2.The brief facts prosecution are that on 21-09-2020 the L.w.1 and 2 (Bodla Sarojini and Bodla Shankaraiah) both went to Hospital at

Hyderabad. On 06-10-2020 at about 08-00 hours complaint and her husband returned house. When L.w.1 and 2 went into the house they saw that all are the goods are cluttered. Suspicion about her went into the

Kirana shop and saw that even there all belongings were cluttered. As things stood so, the accused (Avusula Krishnachary), on 04-10-2020 mid- night hours opening roof top and entered into L.w.2 house and committed theft of one Brass idol of Nandi of worth of Rs.400/- and cash of Rs.200/-, total stolen property worth of Rs.600/-. Thus the acts of the accused were punishable U/Sec.457, 380 of I.P.C. As such the complainant requested for action.

2/5 . C.No.115 of 2021.

3.Basing on the complaint the Police registered the case in Crime

No.99 of 2020 of Pitlam Police Station. During the time of investigation, the Police have conducted scene of ofence panchanama in the presence of L.ws.4 and 5 (Dyanaboina Ramesh and Neerudi Kistaiah) and then conducted confession-cum-recovery panchanama of the accused in the presence of L.ws.6 and 7 (Odde Sailu and Pucha Ramulu). After completion of the investigation, the Police laid the charge sheet.

4.The case was taken on fle for the ofences punishable U/Sec.457 and 380 of I.P.C., against accused. On appearance of accused, copies of documents was furnished to him as required U/Sec.207 of Cr.P.C., and was examined U/Sec.239 of Cr.P.C., and charges U/Sec.457 and 380 of I.P.C., was framed against accused, read over and explained in vernacular for which the accused pleaded not guilty and claimed to be tried.

5.During the course of trial, accused is produced from District Jail,

Nizamabad. He fled an application dated 10-08-2021 before this Court to read over the charges once again in order to allowed him to withdraw his claim to be tried and plead guilty and submitted that he did not understand the substance during the time of examination on earlier occasion i.e., on 31-03-2021.

6.Material on fle discloses that accused is in judicial custody since 27.01.2021 to till date and was examine U/Sec.239 of Cr.P.C., and the case is now posted for trial.

7.Considering the application fled by accused and by considering his duration in judicial custody. This Court relied upon below case laws of

Hob’ble Supreme Court in State of Maharashtra Etc. Etc V/s. Sukhdeo

Singh And Anr. Etc. Etc on 15 July, 1992.

3/5 . C.No.115 of 2021.

Equivalent citations: 1992 AIR 2100, 1992 SCR (3) 480 where it was held that :

“There is nothing in this Chapter which prevents the accused from pleading guilty at any subsequent stage of the trial. But before the trial

Judge accepts and acts on that plea he must administer the same

caution unto himself“.

8.Further in Santhosh V/s. State of Kerala on 26 February, 2003

Honorable High Court of Kerela held that :

“Plea of guilt can be taken at any stage of trial after framing charge and further held that, If an accused is allowed to withdraw his claim to be tried and plead guilty, an earlier termination of the trial can be secured and wastage of the precious time of the Court can be avoided.”

9.In regard to the facts and circumstance and by relying upon the above case law this Court is inclined to considered the plea of accused for conducting re-examination for them.

10.The accused is re-examined U/Sec.239 of Cr.P.C., for the ofences punishable U/Sec.457 and 380 of I.P.C., for which, he pleaded guilty voluntarily and pleaded mercy of this Court in sentencing him. The plea of the accused appears to be voluntarily and informed the consequences of the plead guilty, for which accused accepted above.

11.Thus, the accused is found guilty for the ofence U/Sec.457 and 380 of I.P.C., and convicted U/Sec.241 of the Cr.P.C., for the ofences punishable U/Sec.457 and 380 of I.P.C.

12.Heard on the quantum of sentence to be imposed against accused for the ofences punishable U/Sec.457 and 380 of I.P.C., which were pleaded guilty by accused him. He submitted that he have old age parents and his wife and kids, who are unable to take care of themselves and depending on him. Accused further submitted that he is in Jail since from 27-01-2021 to till date further prayed that his remand period to be set of for the ofences.

13.Further submitted that he is repenting for his mistake as he is sufering a lot undergoing imprisonment. Considering the plea and the voluntarily in this case. I am of the opinion to take lenient view against accused.

4/5 . C.No.115 of 2021.

14.After considering the facts and circumstances of the case and the submissions made by the accused. Accordingly accused is sentenced to undergo simple imprisonment for a period of eight (08) months each for the ofences punishable U/Sec.457 and 380 of I.P.C., and to pay a fne of Rs.100 (Rupees One Hundred only) for each ofence U/Sec.457 and 380 of I.P.C., and in default of payment of fne, he shall undergo simple imprisonment for a period of one week for each ofences. Both the sentences shall run concurrently. The remand period of accused from 27-01-2021 to till date shall be set of U/Sec.428 of Cr. P.C.

15.Unmarked case property vide C.P.R. No.53 of 2021 shall be given to its owner and the same shall be made absolute after the appeal period is over. Meanwhile the Superintendent of the District Jail, Nizamabad, is hereby directed to release accused after undergoing the above stated sentence by accused forthwith if he is not required in any other cases.

Typed to my dictation by Stenographer, corrected and pronounced by me in open Court on this, the 10th day of August, 2021.

Sd/-

Judicial First Class Magistrate, Banswada.

5 C.C.No.115 of 2021.

CALENDAR AND JUDGMENT (IN THE FORM OF P.D.F., IN C.D.)

IN THE COURT OF THE JUDICIAL MAGISTRATE OF FIRST CLASS, BANSWADA.

C.C.No.115 of 2021.

1. Date of ofence:04-10-2020.

2. Date of complaint:04-10-2020.

3. Date of apprehension:27-01-2021.

4. Date of release :10-08-2021.

5. Date of commencement of trial:10-08-2021.

6. Date of closure of trial:10-08-2021. (Admitted).

7. Date of Judgment:10-08-2021.

8. Explanation of delay or remarks:---

Complainant : The State Police, through the Station House Ofcer, Pitlam Police Station in Crime No.99 of 2020. Description of accused:

Avusula Krishnachary S/o. Satyanarayana, Age: 24 years, caste: Avusula, Occ: Labour, R/o. Annaram village of Pitlam mandal.

Ofence Under Section: U/Sec.457, 380 of I.P.C.

Finding: Found guilty.

Sentence : Convicted U/Sec.241 of Cr.P.C.

Sd/-

Judicial Magistrate of First Class,

Banswada. To

The Hon’ble I Additional District and Sessions Judge, Nizamabad.

10/08/2021. JMFC.

1/5 O.S.No.28 of 2021.

IN THE COURT OF THE JUNIOR CIVIL JUDGE AT BANSWADA.

Present : Sri. K.SUDHAKAR, Junior Civil Judge, Banswada.

Tuesday this the 23rd day of November, 2021.

O.S. No. 28 of 2021.

Between :

Valluri Sathyanarayana S/o. Subba Rao, Age: 60 years, Occ: Agriculture, R/o. Nachupally village, Nasrullabad Mandal, Kamareddy district. ...Plaintif A n d Bandameedipalli Sailoo S/o. Shivaram, Age: 63 years, Occ: Agriculture, R/o. Nachupally village, Nasrullabad Mandal, Kamareddy district.

… Defendant.

This suit is coming on before me for hearing in the presence of M.Laxma Reddy, Advocate for Plaintif and the Defendant was remained ex-parte, having stood over for consideration till this day, this Court delivered the following:

:: J U D G M E N T ::

1. This is a suit for recovery of an amount of Rs.1,53,600/- (Rupees One Lakh Fifty Three Thousand and Six Hundred only) together with future interest 30% per annum from the date of the suit till the date of realization.

2. It is averred in the plaint that the plaintif and defendant are having acquaintance with each other. That out of the said acquaintance the defendant approached the plaintif on 10-01-2020 and requested him to arrange a sum of Rs.1,20,000/- (Rupees One

Lakh Twenty Thousand only) as hand loan for the purpose of his personal and legal necessities. Accordingly the plaintif in order to help the defendant in time of need, agreed and arranged and paid

Date: 23-11-2021. J.C.J., Banswada.

2/5 O.S.No.28 of 2021.

Rs.1,20,000/- to the defendant and in return the defendant has executed a promissory note of Rs.1,20,000/- in favour of the plaintif agreeing to repay the said amount with interest @ 24% per annum.

The son of defendant by name Sailoo also signed on the promissory note. The defendant orally agreed and assured to repay the entire amount with interest within a period of six months.

3.That after the above transaction and after lapse of six months also, the defendant failed to repay the amount, as such the plaintif has several times approached the defendant and requested and demanded for repayment of the loan amount along with interest. But the defendant postponed the matter on one or the other pretext and failed to re-pay the amount.

4.That having vexed with the attitude of the defendant, the plaintif got issued a Legal Notice dated: 01-02-2021 calling upon the defendant to pay the hand loan amount with interest. The defendant received the said notice on 11-02-2021. In spite of receiving the said notice, the defendant failed to comply with the notice nor gave any reply. As such the plaintif left with no other way except to fle the present case for recovery of amount.

5.The defendant is liable to pay of sum of Rs.1,53,600/- with future interest and cost of the suit as detailed below:-

i) Principal amount : Rs.1,20,000=00 ii) Interest @ 24% p.a., from 10.01.2020 to 10.03.2021 (14 months) : Rs. 33,600=00 iii) Total : Rs.1,53,600=00

Date: 23-11-2021. J.C.J., Banswada.

3/5 O.S.No.28 of 2021.

Hence the suit.

6.Valuation accepted by this Court for the Suit and issued summons to the Defendant through Court and Registered Post.

Summons served on Defendant and he failed to appear before this

Court to contest the matter, hence he was made ex-parte.

7.To prove his case, the plaintif himself was examined as P.w-1 and Exs.A..1 to A.4 were marked on behalf of the Plaintif.

8.Heard the Counsel for the Plaintif and perused the record.

9.Now the point for determination is:

Whether the Plaintif is entitled for recovery of suit amount as prayed for?

POINT :

10. Case of the Plaintif is that Plaintif and Defendant is known to each other and out of such acquaintance, the defendant approached the Plaintif for hand loan of Rs.1,20,000/-. Accordingly, considering the request, the Plaintif advanced hand loan of Rs.1,20,000/- to the defendant on 10.01.2021. Having received the said amount, the defendant executed Ex.A.1 i.e., the Original Promissory note, dated 10.01.2020 in the presence of witnesses, wherein Defendant promised to repay the borrowed amount when ever demanded. The

Defendant’s son namely Sailoo stood as guarantor on Ex.A.1. It is further the version of P.w.1 is that, in spite of repeated demands, the defendant did not repay the said amount and on 01.02.2021 the

Plaintif got issued Legal Notice/Ex.A.2 and it was sent by Ex.A.3/Postal

Date: 23-11-2021. J.C.J., Banswada.

4/5 O.S.No.28 of 2021.

receipt Dated: 01.02.2021 to the Defendant and Legal Notice served on Defendant vide Ex.A.4/Postal acknowledgment, dated: 11.02.2021, for which the Defendant did not respond.

11.The above said oral and documentary evidence adduced by the

Plaintif remained unchallenged and unrebutted in as much as the defendant was set ex-parte.

12.After hearing the submission of the learned Counsel for Plaintif and after careful consideration of entire material on record, it is very much clear that the Plaintif got examined as P.w.1 and got marked

Ex.A.1 to A.4 documents in support of his case. P.w.1 consistently stated that the Defendant borrowed Rs.1,20,000/- (Rupees One Lakh and Twenty Thousand only) from him by executing Ex.A.1. Ex.A.1 proves that the consideration of Rs.1,20,000/- has been received by

Defendant from Plaintif/P.w.1. The demand of Plaintif can be seen under Ex.A.2/Legal notice, Ex.A.3/Postal receipt Dated: 02.01.2020 and Ex.A.4/Postal acknowledgment Dated: 11.02.2020.

13.Considering the above evidence, this Court holds that the

Plaintif has been able to prove that he lent an amount of

Rs.1,20,000/- to the defendant on 10-01-2020 and on receiving the said amount, the defendant executed the Promissory note/Ex.A.1.

Therefore, this Court holds that the Plaintif is entitled for recovery of the suit amount together with interest @ 12% per annum from the date of suit to till the date of decree and @ 6% per annum from the date of decree till the realization of the suit amount on principal amount.

Date: 23-11-2021. J.C.J., Banswada.

5/5 O.S.No.28 of 2021.

13. In the result : the suit is decreed with costs and the

Defendant is liable to pay an amount of Rs.1,53,600/- (Rupees One

Lakh Fifty Three Thousand and Six Hundred only) to the Plaintif together with interest @ 12% per annum from the date of suit to till the date of decree and @ 6% per annum from the date of decree to till the date of realization on principal amount of Rs.1,20,000/- (Rupees

One Lakh and Twenty Thousand only).

Typed to my dictation by Stenographer, corrected and

pronounced by me in the open Court on 23rd day of November, 2021.

Sd/-

Junior Civil Judge, Banswada.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

FOR PLAINTIFF .FOR DEFENDANTS.

P.w.1 :Valluri Sathyanarayana--NIL-- :: Exhibits marked on behalf of the Plaintif ::

Ex.A.1 : is the Original Promissory Note, dated: 10-01-2020.

Ex.A.2 : is the Ofce copy of Legal Notice, dated: 01.02.2021.

Ex.A.3 : is the Postal receipt, dated: 01.02.2021.

Ex.A.4 : is the Postal Acknowledgment, dated 11-02-2021.

:: Exhibits marked on behalf of the defendants ::

--N I L--

Sd/-

Junior Civil Judge, Banswada.

Date: 23-11-2021. J.C.J., Banswada.

1/4 C.C.No.364 of 2021.

IN THE COURT OF JUDICIAL MAGISTRATE OF FIRST CLASS,

BANSWADA.

Present: Smt. VINDHYA NAIK,

Judicial Magistrate of First Class,

Banswada,

Dated this the 10th day of August, 2021.

C.C. No. 364 of 2021.

Between :

The State Police, through the Station House Ofcer, Nasrullabad Police Station in Crime No.26 of 2021. …Complainant A n d

Kokkeri Arun @ Abhijith S/o. Balaram, Age: 35 years, Caste: S.C., Mala, Occ: Coolie, R/o. H.No.1-69/2, Sangem village f Nasrullabad.

...Accused.

This case has came before me for disposal on this day in the presence of accused having been produced from Jail and the Court delivers the following:

:: J U D G M E N T ::

The Sub Inspector of Police, Nasrullabad Police Station fled charge sheet against the accused in Crime No.26 of 2021 for the ofence

U/Sec.457 and 380 of I.P.C.

2.The brief facts prosecution are that on 12-03-2021 the L.w.1- complainant (Madaboina Bhumaiah) is the resident of Sangem village, on 12.03.2021 in his village Durgamatha drama is going on in night hours, for the L.w.1 along with his family members went to see the drama on the night of 12.03.2021, then accused (Kokkeri Arun @ Abhijith) who came to the village to see the drama, later alleged accused went to petitioner house side and observed that no one is present in L.w.1 house, further he committed L.w.1 house break and proceeded to his house and break the almara with an axe and committed theft of Rs.32,000/- liquid cash and role gold articles (two long chains, one necklace, two chepma Swaralu, one papita billa) and fed away from the spot. Thus the accused is committed an ofence U/Sec.457, 380 of I.P.C., the charge sheet mentioned in column 2/4 C.C.No.364 of 2021.

No.1 of the charge sheet are liable for punishment U/Sec.457, 380 of I.P.C.

As such the complainant requested for action.

3.Basing on the complaint the Police registered the case in Crime

No.26 of 2021 of Nasrullabad Police Station. During the time of investigation, the Police have conducted scene of ofence panchanama in the presence of L.ws.8 and 9 (Madaoina Sailu and Arige Kistaiah) and then conducted confession-cum-recovery panchanama of the accused in the presence of L.ws.10 and 11 (Rodda Prashanth and Neeradi Prashanth).

After completion of the investigation, the Police laid the charge sheet.

4.The case was taken on fle for the ofences punishable U/Sec.457 and 380 of I.P.C. against accused. On appearance of accused, copies of documents was furnished to him as required U/Sec.207 of Cr.P.C.

5.Accused is produced from District jail, Nizamabad. He fled an application dated: 29-07-2021 before this Court to read over the charges in order to allowed him to plead guilty.

6.Material on fle discloses that accused is in Judicial custody since from 16.03.2021 to till date and the case is now posted for examination.

7.Considering the application fled by accused and by considering his duration in judicial custody.

8.The accused is examined U/s.239 of Cr.P.C. for the ofences punishable U/s. 457 and 380 of IPC, for which, he pleaded guilty voluntarily and pleaded mercy of this Court in sentencing him. The plea of the accused appears to be voluntarily and informed the consequences of the plead guilty, for which accused accepted above.

9. Thus, the accused is found guilty for the ofence U/Sec.457 and 380 of

I.P.C., and convicted U/Sec.241 of the Cr.P.C., for the ofences punishable

U/Sec.457 and 380 of I.P.C.

3/4 C.C.No.364 of 2021.

10.Heard on the quantum of sentence to be imposed against accused for the ofences punishable U/Sec.457 and 380 of I.P.C., which was pleaded guilty by him. He submitted that he have old age parents and his wife and kids, who are unable to take care of themselves and depending on him.

Accused further submitted that he is in Jail since from 16.03.2021to till date further prayed that his remand period to be set of for the ofences.

11.Further submitted that he is repenting for his mistake as he is sufering a lot undergoing imprisonment. Considering the plea and the voluntarily in this case. I am of he opinion to take lenient view against accused.

12.After considering the facts and circumstances of the case and the submissions made by the accused. Accordingly accused is sentenced to undergo simple imprisonment for a period of Eight (08) months each for the offences punishable U/Sec.457 and 380 of I.P.C., and to pay a fine of

Rs.100/- (Rupees One Hundred only) for each offence U/Sec.457 and 380 of I.P.C., and in default of payment of fne, he shall undergo simple imprisonment for a period of one week for each ofences. Both the sentences shall run concurrently. The remand period of accused from 16.03.2021 to till date shall be set of U/Sec.428 of Cr.P.C.

13.Unmarked case property vide C.P.R. No.83 of 2021 shall be given to its owner and the same shall be made absolute after the appeal period is over.

Meanwhile the Superintendent of the District Jail, Nizamabad, is hereby directed to release accused after undergoing the above stated sentence by accused forthwith if he is not required in any other cases.

Typed to my dictation by Stenographer, corrected and pronounced by me in open Court on this the 10th day of August, 2021.

Sd/-

Judicial First Class Magistrate, Banswada.

4 C.C.No.364 of 2021.

CALENDAR AND JUDGMENT (IN THE FORM OF P.D.F., IN C.D.)

IN THE COURT OF THE JUDICIAL MAGISTRATE OF FIRST CLASS, BANSWADA.

C.C.No.364 of 2021.

1. Date of ofence:12-03-2021.

2. Date of complaint:12-03-2021.

3. Date of apprehension:16-03-2021.

4. Date of release :10-08-2021.

5. Date of commencement of trial:10-08-2021.

6. Date of closure of trial:10-08-2021. (Admitted).

7. Date of Judgment:10-08-2021.

8. Explanation of delay or remarks:---

Complainant : The State Police, through the Station House Ofcer, Nasrullabad Police Station in Crime No.26 of 2021.

Description of accused:

Kokkeri Arun @ Abhijith S/o. Balaram, Age: 35 years, Caste: S.C., Mala, Occ: Coolie, R/o. H.No.1-69/2, Sangem village f Nasrullabad.

Ofence Under Section: U/Sec.457, 380 of I.P.C.

Finding: Found guilty.

Sentence : Convicted U/Sec.241 of Cr.P.C.

Sd/-

Judicial Magistrate of First Class,

Banswada. To

The Hon’ble I Additional District and Sessions Judge, Nizamabad.

10/08/2020. JMFC.