D.BABU Vs. STATE OF A.P.

JUDGEMENT

(1.) The Writ Petition is filed challenging the proceedings, issued by respondent No.3 vide R.C.No.1542/A4/2023 dtd. 10/8/2023, whereby the petitioner was dismissed from service.

(2.) The petitioner's case, in brief, is that he along with his mother and sister was accused in S.C.No.346 of 2013 on the file of learned IV Additional District and Sessions Judge-cumSpecial Judge for trial of Offences against women, Anantapuramu, for the offences punishable under Ss. 498-A and 307 read with Sec. 34 of the Indian Penal Code, 1860 (for short 'I.P.C.') and Ss. 3 and 4 of the Dowry Prohibition Act, 1961 (for short 'D.P. Act'). By the calendar and judgment dtd. 10/5/2023, the petitioner was found guilty of the offences under Ss. 3 and 4 of the D.P. Act and Sec. 498-A of IPC and he along with his mother was convicted under Sec. 235(2) of Cr.P.C. Aggrieved by the said calendar and judgment, petitioner filed Crl.A.No.410 of 2023. In the appeal, the petitioner filed I.A.No.1 of 2023 under Sec. 389(1) of Cr.P.C. to suspend the sentence, dtd. 10/5/2023 imposed in S.C.No.346 of 2013. By order dtd. 12/5/2023, execution of sentence of imprisonment passed against the petitioner and his mother was suspended on certain conditions, pending disposal of the criminal appeal.

(3.) Be that as it may, respondent No.3 issued a show cause notice vide Rc.No.1542/A4/2023 dtd. 7/6/2023, directing the petitioner to submit an explanation as to why he should not be dismissed from service. The petitioner filed I.A.No.2 of 2023 in Crl.A.No.410 of 2023 under Sec. 482 Cr.P.C. seeking a stay of conviction. By order dtd. 20/6/2023 the conviction against the petitioner was stayed, duly recording reasons.