IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TWENTY NINETH DAY OF MARCH, TWO THOUSAND AND TWELVE :PRESENT: THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRL.A.No.668 of 2003 AND TR.CRL.A.No.282 of 2011 CRL.A.NO.668/2003 Between: The Public Prosecutor, High Court of A.P, Hyderabad. Appellant AND 1. D.N. Sivaprasad Chetty, S/o. D. Narayana Chetty, R/o. Madanapalle Mandal (A-1) 2. D.S. Jyosthna, W/o.D.N. Sivaprasad Chetty, R/o. Madanapalle Mandal(A-2) 3. G. Prasad, S/o. G. Simon, R/o. Madanapalle Mandal(A-3) 4. K.C. Krishnamurthy, S/o. K. Chengaiah, R/o. Madanapalle Mandal (A2 & A3 died on 2-6-2009 & 28-9-2009 the appeal against A2 & A3 stands abated as per the order dt. 25-3-2010) Respondents Appeal under Section 378 (3) & (1) of Cr.P.C. against the order of the court of the IV Additional Junior Civil Judge-cum-Judicial First Class Magistrate, Chittoor made in C.C.No.314 of 1991, dated 1-4- 2002. TR.CRLA.No.282 of 2011 Between: D.N. Sivaprasad Chetty Appellant/1st Accused AND The State rep. by the Inspector of Police, C.B.C.I.D., Tirupathi in Crime No.150 of 1988. Respondent/Complainant Appeal under Section 374 (2) of Cr.P.C. against the order of the court of the I Additional District & Sessions Judge, Chittoor, made in Crl.M.P.No.123 of 2002,dated 16-4-2002, preferred against the order of the Court of the IV Additional Junior Civil Judge-cum-Judicial First Class Magistrate, Chittoor made in C.C.No.314 of 1991, dated 1-4- 2002. These appeal coming on for hearing upon perusing the memorandum ofgorunds filed herein, and upon hearing the arguments of the Public Prosecutor for the Petitioner in Crl.A.No.668 of 2003 and Respondent in Tr.Crl.A.No.282/2011, and of Sri. V.V. Chandrasekharan, Advocate for the 1st respondent in Crl.A.No.668 of 2003 and for the Appellant in Trl.Cr.A.No.282 of 2011, the Court made the following 2 ORDER “Crl.A.No.668 of 2003 is filed by the State questioning the acquittal of A.2 and A.3 in C.C.No.314 of 1991 on the file of the IV Additional Munsif Magistrate, Chittoor. A.1 and A.4 are said to have been convicted and they have preferred Crl.A.No.92 of 2002 and it was transferred to this Court and numbered as Crl.A.No.282 of 2001.The said transfer appeal was disposed of by this court by the Judgment dt. 28-3-2011 whereunder the transfer appeal was remitted back to the 1st Appellate Court i.e. the I Additional Sessions Court, Chittoor for hearing on merits. However, the said transfer appeal is shown as pending. Since the Judgment in transfer appeal was already delivered by this Court, the lower court is directed to dispose of the Crl.A.No.92 of 2002 and the Registry is directed to send the records immediately to the lower court. The lower court is directed to dispose of the appeal within three months from the date of receipt of a copy of this order.” The Registry is directed to communicate a copy of this order to the lower court within five days. Post Crl.A.No.668 of 2003 after four weeks.” ASSISTANT REGISTRAR //TRUE COPY// for ASSISTANT REGISTRAR To 1. The IV Additional Junior Civil Judge-cum-Judicial First Class Magistrate, Chittoor 2. The IV Additional Munsif Magistrate, Chittoor 3. The I Additional District & Sessions Judge, Chittoor(Addresses 1 to 3 BY SPEED POST/RPAD) 4. The Section Officer, Criminal Section, High Court of A.P., Hyderabad(BY SPL. MESSENGER) 5. Two CCs to Public Prosecutor, High Court of A.P., Hyderabad 6. One CC to Sri. V.V. chandrasekharan, Advocate (OPUC) 7. One Spare copy KK HIGH COURT NRLNJ DT. 29-3-2012 NOTE: POST CRL.A.NO.668 OF 2003 AFTER FOUR WEEKS ORDER CRL.A.NO.668 OF 2003 And TR.CRL.A.NO.282 OF 2011 DIRECTION Drafted by: KK Drafted on: 29-3-2012 HIGH COURT NRLNJ DT. 29-3-2012 NOTE: POST CRL.A.NO.668 OF 2003 AFTER FOUR WEEKS ORDER CRL.A.NO.668 OF 2003 And TR.CRL.A.NO.282 OF 2011 DIRECTION