THE HONOURABLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.28081 of 2009 DATED: 27.07.2010 Between: A. Apparao .. Petitioner And The Government of Andhra Pradesh, Rep. By its Principal Secretary (Home), Hyderabad, and others. .. Respondents ORDER: By this writ petition, the petitioner seeks implementation of the judgment rendered by this Court in Criminal Appeal No.659 of 1996, dated 14.12.1998. Under the aforesaid judgment dated 14.12.1998, this Court, while confirming the conviction recorded against the 4th respondent herein, for the offence punishable under Section 304 Part-II I.P.C., in S.C.No.347 of 1994 on the file of the learned III Additional Sessions Judge, Kakinada, reduced the sentence of imprisonment imposed on him, to four years of rigorous imprisonment from six years, and the fine amount of Rs.2,000/- imposed by the Sessions Court stood good. Petitioner herein is the de facto complainant in the said case. Now, it is the grievance of the petitioner that though more than eleven years have elapsed from the date of passing the aforesaid judgment, the respondent officials have not yet arrested the 4th respondent, for serving the sentence of imprisonment imposed by this Court, and the representations submitted by him in this regard went in vain. When the matter came up for consideration on 13.07.2010, this Court directed the Registry to file a report, indicating the date on which the judgment in the Criminal Appeal No.659 of 1996, dated 14.12.1998, is communicated to the III Additional Sessions Judge, Kakinada, and whether the said Court had committed the warrant of sentence to the police concerned, for arresting the convict, for serving the sentence imposed under the judgment of this Court. Accordingly, the Registry called for information from the III Additional Sessions Judge, Kakinada, and filed a report, indicating that the judgment of this Court in Criminal Appeal No.659 of 1996, dated 14.12.1998, was communicated to the Sessions Court at Kakinada, on 08.01.1999, and the same was received by that Court on 11.01.1999. The report further discloses that, as per the information furnished by the Sessions Court, the warrant of sentence appears to have not been communicated to the police concerned, for arrest of the 4th respondent-A1 for serving the modified sentence as imposed by this Court. In view of the above, the III Additional Sessions Judge, Kakinada, is directed to communicate the warrant of arrest to the police concerned, for arrest of the 4th respondent, for serving the modified sentence imposed by this Court on him, and take necessary steps for executing the warrant and implementing the judgment of this Court dated 14.12.1998 in Criminal Appeal No.659 of 1996. The writ petition is accordingly disposed of. No order as to costs. __________________ JUSTICE N.V. RAMANA 27th July, 2010 IBL