SUNKARA PAPA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This is a Criminal Miscellaneous Petition filed under section 482 of the Code of Criminal Procedure, to quash or set aside the order in C. R.P. No.10 of 1976 passed by the Court of Sessions, West Godavari District, Eluru. The question is whether this Court has the power to quash or set aside that order.

(2.) I will now state the material facts In C.C. No. 218 of 1975 on the file of the Second Additional Judicial I Class Magistrate, Kowur, the present petitioner was sentenced to pay a fine of Rs. 100 in default to suffer R.I. for a period of four months on a conviction under section 279 of the Indian Penal Code for driving a bus rashly and negligently as to endanger human life. The convicted petitioner filed C.R.P. No.10 of 1976 in the Court of Session, West Godawari, Eluru. The learned Additional Sessions Judge who disposed of the Criminal Revision Petition observed that the revision petition was filed on 11th March, 1976 and was numbered on 23rd March, 1976. The records were received by 21st April, 1976. From that time onwards the petitioner was not ready on any occasion. The records disclosed that the matter was made over to the Additional Court on 25th September, 1976. Even before the Additional Court, the petitioner's counsel was absent. Consequently the Court was constrained to peruse the records and hear the arguments of the Additional Public Prosecutor and pass an order on merits. Then the learned Additional Sessions Judge proceeded to consider the evidence on record and came to the conclusion that the petitioner was guilty and so upheld the conviction and sentence. The present petition is filed to quash and set aside this order.

(3.) It is argued by Sri C.V.N. Sastry the learned Counsel for the petitioner, that the learned Additional Sessions Judge disposed of the case, Criminal Revision Petition, on merits without hearing the counsel for the petitioner thereby depriving the petitioner an opportunity to argue and explain his case to the Court. This caused great prejudice to the petitioner and so the order is liable to be set aside. He further contends that under section 482, Criminal Procedure Code. I have ample power to set aside that order.