IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD FRIDAY THE TWENTIETH DAY OF JUNE, TWO THOUSAND AND EIGHT : PRESENT : THE HON’BLE SRI JUSTICE S.ASHOK KUMAR CRIMINAL REVISION CASE No. 1695 of 2003. (Criminal Revision case under Section 397 and Sec.401 of Cr.P.C. to revise the order of the Court of the I Additional Sessions Judge, Guntur, made in Crl.A. No. 92 of 2001, dated; 12-9-2003, preferred against the order of the Court of the Additional Assistant Sessions Judge, Guntur, made in SC. No. 203 of 1998, dated: 1-2-2001.) Between:- Kanagala Samuel S/o Mosha .Petitioner AND The State of A.P., rep. by Public Prosecutor, High Court of A.P., Hyderabad ..Respondent The Petition coming on for hearing upon perusing the Memo of grounds filed herein and upon hearing the arguments of Sri Vasireddy Prabhunath, Advocate for the petitioner, and of the Public Prosecutor on behalf of the Respondent, the Court made the following; ORDER: “The petitioner herein was convicted by the learned Additional Assistant Judge, Guntur, in SC. No. 203 of 1998 by judgment dated: 1-2- 2001 and sentenced him to undergo RI for five years and to pay fine of Rs. 500/- for the offences punishable under Section 306 IPC. On appeal in Crl.A. No. 92 of 2001, by judgment dated: 12-09-2003, the learned I Additional Sessions Judge, Guntur, confirmed the conviction, sentence and also fine. The learned Counsel for the petitioner submits that the accused is in jail for five years and therefore already served the period of sentence. A perusal of the proceedings sheet of this Court would reveal that the petitioner filed an application for bail in Crl.M.P.No. 7934 of 2003 and this Court ordered notice in the said application on 10-02-2004. Thereafter, what happened to the said bail application filed by the accused is not on the record. Now it is submitted by the learned Counsel for the petitioner that the accused is undergoing sentence in the Central Prison, Rajahmundry. The Superintendent, Central Prison, Rajahmundry, is directed to file a report as to on which date the accused, namely, Kanagala Samuel, S/o Mosha, Paladugu Village, Medikonduru Mandal, Guntur District, has been admitted in prison, and, whether or not he is undergoing imprisonment in the said prison till this date, and how long he has undergone the imprisonment. The Superintendent, Central Prison, Rajahmundry, is directed to file report before this Court on or before 27-06-2008. Post on 27-06-2008.” ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1. The I Additional Sessions Judge, Guntur 2. The Additional Assistant Sessions Judge, Guntur 3. The Superintendent, Central Prison, Rajahmundry, Guntur (BY SPEED POST) 4. Two CCs to Public Prosecutor, High Court of A.P., Hyderabad (OUT). 5. One CC to Sri Vasireddy Prabhunath, Advocate (OPUC) 6. one Spare Copy HIGH COURT AB DRAFTED ON 21-06-2008 SAKJ DATE: 20-6-2008 NOTE: POST ON 27-06-2008 ORDER CRLR.C. NO. 1695 OF 2003 DIRECTION