Home / Supreme Court / Judgments / 2010 / Diary 10167

STATE OF A.P. v. PONGUWALA RAJU

Supreme Court of India | Diary 10167/2010

Status

ROP - of Main Case

Decided On

12-04-2017

Bench

Petitioner

STATE OF A.P.

Respondent

PONGUWALA RAJU

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1797 OF 2013 STATE OF ANDHRA PRADESH Appellant(s) Versus PONGUWALA RAJU @ CHAKALI RAJU Respondent(s) O R D E R We have heard learned counsel for both the parties and perused the order of the trial Court as well as of the High Court. We see no reason to interfere with the well reasoned judgment of the High Court acquitting the accused. The criminal appeal is, accordingly, dismissed. ........................J. (N.V. RAMANA) ........................J. (PRAFULLA C. PANT) New Delhi, April 12, 2017

ITEM NO.109 COURT NO.10 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No(s). 1797/2013 STATE OF ANDHRA PRADESH Appellant(s) VERSUS PONGUWALA RAJU @ CHAKALI RAJU Respondent(s) (with office report) Date : 12/04/2017 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE N.V. RAMANA HON'BLE MR. JUSTICE PRAFULLA C. PANT For Appellant(s) Mr. Mrityunjai Singh, Adv. For Mr. S. Udaya Kumar Sagar,Adv. For Respondent(s) Ms. Komal Sorout (A.C.),Adv. UPON hearing the counsel the Court made the following O R D E R The criminal appeal is dismissed in terms of the signed order. [SUKHBIR PAUL KAUR] [S.S.R. KRISHNA] A.R.-CUM-P.S. ASSISTANT REGISTRAR (Signed order is placed on the file)

¢IN THE SUPREME COURT OF INDIACRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1797 OF 2013STATE OF ANDHRA PRADESH Appellant(s) VersusPONGUWALA RAJU @ CHAKALI RAJU Respondent(s) O R D E RWe have heard learned counsel for both theparties and perused the order of the trial Court aswell as of the High Court.We see no reason to interfere with the wellreasoned judgment of the High Court acquitting theaccused.The criminal appeal is, accordingly,dismissed. ........................J. (N.V. RAMANA) ........................J. (PRAFULLA C. PANT)New Delhi,April 12, 2017ITEM NO.109 COURT NO.10 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSCriminal Appeal No(s). 1797/2013STATE OF ANDHRA PRADESH Appellant(s) VERSUSPONGUWALA RAJU @ CHAKALI RAJU Respondent(s)(with office report)Date : 12/04/2017 This appeal was called on for hearing today.CORAM : HON'BLE MR. JUSTICE N.V. RAMANA HON'BLE MR. JUSTICE PRAFULLA C. PANTFor Appellant(s) Mr. Mrityunjai Singh, Adv. For Mr. S. Udaya Kumar Sagar,Adv. For Respondent(s) Ms. Komal Sorout (A.C.),Adv. UPON hearing the counsel the Court made the following O R D E RThe criminal appeal is dismissed in terms of the signedorder. [SUKHBIR PAUL KAUR] [S.S.R. KRISHNA] A.R.-CUM-P.S. ASSISTANT REGISTRAR (Signed order is placed on the file)

ITEM NO.108 COURT NO.6 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No(s). 1797/2013 STATE OF A.P. Appellant(s) VERSUS PONGUWALA RAJU Respondent(s) (With office report) Date : 09/03/2017 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN For Appellant(s) Mr. S. Udaya Kumar Sagar, AOR (N.P.) Mr. Mrityunjai Singh, Adv. (N.P.) For Respondent(s) Ms. Komal Sorout, Adv. (A.C.) UPON hearing the counsel the Court made the following O R D E R The matter is adjourned for two weeks. (R. NATARAJAN) (SNEH LATA SHARMA) Court Master Court Master

\202ITEM NO.108 COURT NO.6 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSCriminal Appeal No(s). 1797/2013STATE OF A.P. Appellant(s) VERSUSPONGUWALA RAJU Respondent(s)(With office report)Date : 09/03/2017 This appeal was called on for hearing today.CORAM : HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE HON'BLE MR. JUSTICE ROHINTON FALI NARIMANFor Appellant(s) Mr. S. Udaya Kumar Sagar, AOR (N.P.) Mr. Mrityunjai Singh, Adv. (N.P.) For Respondent(s) Ms. Komal Sorout, Adv. (A.C.) UPON hearing the counsel the Court made the following O R D E R The matter is adjourned for two weeks. (R. NATARAJAN) (SNEH LATA SHARMA) Court Master Court Master

ITEM NO.118 COURT NO.8 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal 1797/2013 STATE OF A.P. Appellant(s) VERSUS PONGUWALA RAJU Respondent(s) (with office report) Date : 17/11/2016 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE HON'BLE MR. JUSTICE ASHOK BHUSHAN For Appellant(s) Mr. S. Udaya Kumar Sagar, Adv. Ms. Bina Madhavan, Adv. For Respondent(s) Ms. Komal Sorout (A.C.), Adv. (Not Present) UPON hearing counsel the Court made the following O R D E R List after two weeks. The Registry is directed to communicate a copy of this order to Ms. Komal Sorout, learned Amicus Curiae. (Jayant Kumar Arora) Court Master (Sneh Lata Sharma) Court Master

ìITEM NO.118 COURT NO.8 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSCriminal Appeal 1797/2013STATE OF A.P. Appellant(s) VERSUSPONGUWALA RAJU Respondent(s)(with office report)Date : 17/11/2016 This appeal was called on for hearing today.CORAM : HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE HON'BLE MR. JUSTICE ASHOK BHUSHANFor Appellant(s) Mr. S. Udaya Kumar Sagar, Adv. Ms. Bina Madhavan, Adv. For Respondent(s) Ms. Komal Sorout (A.C.), Adv. (Not Present) UPON hearing counsel the Court made the following O R D E R List after two weeks. The Registry is directed to communicate a copy of this orderto Ms. Komal Sorout, learned Amicus Curiae. (Jayant Kumar Arora)Court Master (Sneh Lata Sharma)Court Master

ITEM NO.108 COURT NO.7 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No(s). 1797/2013 STATE OF A.P. Appellant(s) VERSUS PONGUWALA RAJU Respondent(s) (with office report) Date : 20/10/2016 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE HON'BLE MR. JUSTICE ASHOK BHUSHAN For Appellant(s) Mr. S. Udaya Kumar Sagar,Adv. Mr. Baskula Athik, Adv. For Respondent(s) Ms. Komal Sorout, Adv.(NP) UPON hearing the counsel the Court made the following O R D E R The Amicus Curiae in this matter who has been appointed by the Court is not in town. On her behalf, learned counsel for the State of Andhra Pradesh prays time for two weeks. In view of that, the matter is adjourned for two weeks. (DEEPAK MANSUKHANI) (SNEH LATA SHARMA) AR-CUM-PS COURT MASTER

dITEM NO.108 COURT NO.7 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSCriminal Appeal No(s). 1797/2013STATE OF A.P. Appellant(s) VERSUSPONGUWALA RAJU Respondent(s)(with office report)Date : 20/10/2016 This appeal was called on for hearing today.CORAM : HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE HON'BLE MR. JUSTICE ASHOK BHUSHANFor Appellant(s) Mr. S. Udaya Kumar Sagar,Adv. Mr. Baskula Athik, Adv. For Respondent(s) Ms. Komal Sorout, Adv.(NP) UPON hearing the counsel the Court made the following O R D E RThe Amicus Curiae in this matter who has beenappointed by the Court is not in town. On her behalf, learned counsel for the State ofAndhra Pradesh prays time for two weeks. In view of that,the matter is adjourned for two weeks.(DEEPAK MANSUKHANI) (SNEH LATA SHARMA) AR-CUM-PS COURT MASTER

ITEM NO.112 COURT NO.9 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No(s). 1797/2013 STATE OF A.P. Appellant(s) VERSUS PONGUWALA RAJU Respondent(s) (with office report) Date : 22/09/2016 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE HON'BLE MR. JUSTICE AMITAVA ROY For Appellant(s) Mr. S. Udaya Kumar Sagar, AOR Mr. Piyush Dwivedi, Adv. For Respondent(s) Ms. Komal Sorout, Adv. (A.C.) UPON hearing the counsel the Court made the following O R D E R Not today. (R. NATARAJAN) (SNEH LATA SHARMA) Court Master Court Master

ITEM NO.112 COURT NO.9 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSCriminal Appeal No(s). 1797/2013STATE OF A.P. Appellant(s) VERSUSPONGUWALA RAJU Respondent(s)(with office report)Date : 22/09/2016 This appeal was called on for hearing today.CORAM : HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE HON'BLE MR. JUSTICE AMITAVA ROYFor Appellant(s) Mr. S. Udaya Kumar Sagar, AORMr. Piyush Dwivedi, Adv. For Respondent(s) Ms. Komal Sorout, Adv. (A.C.) UPON hearing the counsel the Court made the following O R D E R Not today.(R. NATARAJAN) (SNEH LATA SHARMA) Court Master Court Master

ITEM NO.119 COURT NO.13 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No(s). 1797/2013 STATE OF A.P. Appellant(s) VERSUS PONGUWALA RAJU Respondent(s) (with office report) Date : 24/11/2015 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE HON'BLE MR. JUSTICE R.K. AGRAWAL For Appellant(s) Mr. S.U.K.Sagar,Adv. Mr. Krishna Kumar Singh,Adv. Mr. D. Mahesh Babu,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R As per office report dated 9.10.2015, despite service of notice, there is no representation on behalf of the sole respondent. In the above circumstances, we appoint Ms. Komal Sorout, Advocate, (Mobile No. 9958860483), H.No. 263, Sector-8, Faridabad (Haryana) Pin Code: 121006, Email: komalsorout2806@gmail.com to assist the Court in this matter as Amicus Curiae for the respondent. The Registry is directed to furnish the copy of the Appeal paper book to Ms. Komal Sorout, learned Amicus Curiae immediately and to ensure that the name of learned Amicus Curiae appears in the cause list on the next date of hearing. List after two weeks. (SUMAN WADHWA) AR-cum-PS (SNEH LATA SHARMA) COURT MASTER

Ì ITEM NO.119 COURT NO.13 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No(s). 1797/2013 STATE OF A.P. Appellant(s) VERSUS PONGUWALA RAJU Respondent(s) (with office report) Date : 24/11/2015 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE HON'BLE MR. JUSTICE R.K. AGRAWAL For Appellant(s) Mr. S.U.K.Sagar,Adv. Mr. Krishna Kumar Singh,Adv. Mr. D. Mahesh Babu,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R As per office report dated 9.10.2015, despite service of notice, there is no representation on behalf of the sole respondent. In the above circumstances, we appoint Ms. Komal Sorout, Advocate, (Mobile No. 9958860483), H.No. 263, Sector-8, Faridabad (Haryana) Pin Code: 121006, Email: komalsorout2806@gmail.com to assist the Court in this matter as Amicus Curiae for the respondent. The Registry is directed to furnish the copy of the Appeal paper book to Ms. Komal Sorout, learned Amicus Curiae immediately and to ensure that the name of learned Amicus Curiae appears in the cause list on the next date of hearing.Signature Not Verified List after two weeks.Digitally signed bySuman WadhwaDate: 2015.11.2417:21:14 ISTReason: (SUMAN WADHWA) (SNEH LATA SHARMA) AR-cum-PS COURT MASTER

ITEM NO.110 COURT NO.13 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No(s). 1797/2013 STATE OF A.P. Appellant(s) VERSUS PONGUWALA RAJU Respondent(s) (with office report) Date : 15/10/2015 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE HON'BLE MR. JUSTICE R.K. AGRAWAL For Appellant(s) Mr. D. Mahesh Babu, Adv. (N.P.) For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Even on second call, none appears on behalf of the appellant. In the interest of justice, list this Criminal Appeal after Diwali Holidays. (R.NATARAJAN) (SNEH LATA SHARMA) Court Master Court Master

` ITEM NO.110 COURT NO.13 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No(s). 1797/2013 STATE OF A.P. Appellant(s) VERSUS PONGUWALA RAJU Respondent(s) (with office report) Date : 15/10/2015 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE HON'BLE MR. JUSTICE R.K. AGRAWAL For Appellant(s) Mr. D. Mahesh Babu, Adv. (N.P.) For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Even on second call, none appears on behalf of the appellant. In the interest of justice, list this Criminal Appeal after Diwali Holidays. (R.NATARAJAN) (SNEH LATA SHARMA) Court Master Court MasterSignature Not VerifiedDigitally signed byGulshan Kumar AroraDate: 2015.10.1517:00:12 ISTReason:

ITEM NO.75 REGISTRAR COURT.1 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CRIMINAL APPEAL NO(s). 1797 OF 2013 BEFORE THE REGISTRAR M.A. SAYEEDSTATE OF A.P. Appellant (s) VERSUSPONGUWALA RAJU Respondent(s)Date: 26/03/2014 This Appeal was called on for hearing today.For Appellant(s) Mr. Amjid Maqbool, Adv. Mr. D. Mahesh Babu,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R The matter falls under the completed category. It beprocessed for listing before the Hon'ble Court, as per rules.| | | (M.A. SAYEED) || | |REGISTRAR || | | |rd

\ITEM NO.39 COURT NO.11 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition for Special Leave to Appeal (Crl) No(s).1360/2011(From the judgement and order dated 05/02/2009 in CRLA Nos.1305 & No.1390of 2006 of the HIGH COURT OF A.P. AT HYDERABAD)STATE OF A.P. Petitioner(s) VERSUSPONGUWALA RAJU Respondent(s)(With appln(s) for c/delay in filing SLP, c/delay in refiling SLP andoffice report)Date: 30/09/2013 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE H.L. GOKHALE HON'BLE MR. JUSTICE J. CHELAMESWARFor Petitioner(s) Mr. D. Mahesh Babu,Adv. Ms. Suchitra Hrangkhawl,Adv. Mr. Amjit Maqbool,Adv. Mr. Amit K. Nain,Adv. Mr. B. Ramakrishna Rao,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Delay condoned. Leave granted. Liberty is granted to the appellant to place the depositions of the witnesses on record. (A.S. BISHT) (SNEH LATA SHARMA) COURT MASTER COURT MASTER

SECTION-II IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (CRL.) NO.1360 OF 2011 WITH CRIMINAL MISCELLANEOUS PETITION NOS. 2173-2174 AND 2175-2176 OF 2011 (Applications for condonation of delay in filing and refiling the special leave petition) STATE OF A.P. ... Petitioner VERSUS PONGUWALA RAJU ... Respondent OFFICE REPORT Special Leave Petition (Crl.)Nos. 1360-1361 of 2011 were listed before the Hon'ble Court on 11.02.2011 when the Court was pleased to pass the following order: “ Issue notice on the applications for condonation of delay as well as on the Special Leave Petitions.” Accordingly, Show Cause Notice was issued to sole respondent in both SLPs on 19.03.2011 through Registered AD Post. AD card duly signed has been received back from Sole Respondent in Special Leave Petition (Crl.) No.1360 of 2011, but no one has entered appearance on behalf of Sole Respondent. Unserved cover containing the Show Cause Notice has been received from Sole Respondent in Special Leave Petition (Crl.) No.1361 of 2011 with Postal remarks “Addressee out of station.”. The matters above mentioned were listed before the Court of Registrar from time to time but Counsel for the Petitioner has not taken any steps for effecting service of sole Respondent in special leave petition(Crl.)No. 1361 of 2012 and thereafter the matters were listed before the Hon'ble Judge-in-Chamber on 22 nd March, 2012, when the following order was passed: “ Further time of four weeks is granted to the advocate on record for the petitioner in Special Leave Petition (Criminal) No. 1361 of 2011

-2- for compliance of the Office Report on Default dated February 14, 2012, failing which the above stated Special Leave Petition shall stand dismissed without further reference to the Court.” It is submitted that Counsel for the Petitioner did not disclose the correct address of the unserved Sole Respondent nor filed spare copy in Special Leave Petition (Crl.) No.1361 of 2011. Hence, Special Leave Petition (Crl.)No. 1361 of 2011 stood dismissed against sole Respondent. Service of Show cause Notice is complete in Special Leave Petition(Crl.) No. 1360 of 2011. The matter above-mentioned is listed before the Hon'ble Court with this Office report. DATED this the 20 th day of September, 2013. ASSISTANT REGISTRAR COPY TO: 1. Mr. D. Mahesh Babu, Advocate ASSISTANT REGISTRAR MKR/sk-II/st

SECTION-II IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (CRL.) NO.1360 OF 2011 WITH CRIMINAL MISCELLANEOUS PETITION NOS. 2173-2174 AND 2175-2176 OF 2011 (Applications for condonation of delay in filing and refiling the special leave petition) STATE OF A.P. ... Petitioner VERSUS PONGUWALA RAJU ... Respondent OFFICE REPORT Special Leave Petition (Crl.)Nos. 1360-1361 of 2011 were listed before the Hon'ble Court on 11.02.2011 when the Court was pleased to pass the following order: “ Issue notice on the applications for condonation of delay as well as on the Special Leave Petitions.” Accordingly, Show Cause Notice was issued to sole respondent in both SLPs on 19.03.2011 through Registered AD Post. AD card duly signed has been received back from Sole Respondent in Special Leave Petition (Crl.) No.1360 of 2011, but no one has entered appearance on behalf of Sole Respondent. Unserved cover containing the Show Cause Notice has been received from Sole Respondent in Special Leave Petition (Crl.) No.1361 of 2011 with Postal remarks “Addressee out of station.”. The matters above mentioned were listed before the Court of Registrar from time to time but Counsel for the Petitioner has not taken any steps for effecting service of sole Respondent in special leave petition(Crl.)No. 1361 of 2012 and thereafter the matters were listed before the Hon'ble Judge-in-Chamber on 22 nd March, 2012, when the following order was passed: “ Further time of four weeks is granted to the advocate on record for the petitioner in Special Leave Petition (Criminal) No. 1361 of 2011

-2- for compliance of the Office Report on Default dated February 14, 2012, failing which the above stated Special Leave Petition shall stand dismissed without further reference to the Court.” It is submitted that Counsel for the Petitioner did not disclose the correct address of the unserved Sole Respondent nor filed spare copy in Special Leave Petition (Crl.) No.1361 of 2011. Hence, Special Leave Petition (Crl.)No. 1361 of 2011 stood dismissed against sole Respondent. Service of Show cause Notice is complete in Special Leave Petition(Crl.) No. 1360 of 2011. The matter above-mentioned is listed before the Hon'ble Court with this Office report. DATED this the 20 th day of September, 2013. ASSISTANT REGISTRAR COPY TO: 1. Mr. D. Mahesh Babu, Advocate ASSISTANT REGISTRAR MKR/sk-II/st

ÂITEM NO.43 COURT NO.10 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition for Special Leave to Appeal (Crl) No(s).1360/2011(From the judgement and order dated 05/02/2009 in CRLA Nos.1305 & No.1390of 2006 of the HIGH COURT OF A.P. AT HYDERABAD)STATE OF A.P. Petitioner(s) VERSUSPONGUWALA RAJU Respondent(s)(With appln(s) for c/delay in filing SLP, c/delay in refiling SLP andoffice report)Date:23/09/2013 These Petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE H.L. GOKHALE HON'BLE MR. JUSTICE J. CHELAMESWARFor Petitioner(s) Mr. ATM. Rangaramanujam,Sr.Adv. Mr. D. Mahesh Babu,Adv. Ms. Suchitra Hrangkhawl,Adv. Mr. Amjit Maqbool,Adv. Mr. Amit K. Nain,Adv. Mr. Ramakrishna Rao,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Adjourned for one week. (A.S. BISHT) (SNEH LATA SHARMA) COURT MASTER COURT MASTER

ZITEM NO.18 COURT NO.8 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Crl) No(s).1360-1361/2011(From the judgement and order dated 05/02/2009 in CRLA No.1305/2006 and CRLA No.1390/2006 of The HIGH COURT OF A.P.AT HYDERABAD)STATE OF A.P. Petitioner(s) VERSUSPONGUWALA RAJU Respondent(s)(OFFICE REPORT ON DEFAULT)Date: 22/03/2012 These Petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE R.M. LODHA [IN CHAMBERS]For Petitioner(s) Mr. D. Mahesh Babu,Adv. (not present)For Respondent(s) The Court made the following O R D E R Further time of four weeks is granted to the advocate on record for the petitioner in Special Leave Petition (Criminal) No. 1361 of 2011 for compliance of the Office Report on Default dated February 14, 2012, failing which the above stated Special Leave Petition shall stand dismissed without further reference to the Court. (Rajesh Dham) (Renu Diwan) Court Master Court Master

ITEM NO.28 REGISTRAR COURT.1 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR S.G. SHAHPetition(s) for Special Leave to Appeal (Crl) No(s).1360-1361/2011STATE OF A.P. Petitioner(s) VERSUSPONGUWALA RAJU Respondent(s)(With appln(s) for c/delay in filing SLP,c/delay in refiling SLP)Date: 25/11/2011 These Petitions were called on for hearingtoday.For Petitioner(s) Mr. Prithvi S., Adv. Mr. D. Mahesh Babu,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Issue fresh notice upon unserved respondent No.2. Dasti, in addition, is allowed. Petitioner may disclose the better and correctaddress of the respondent. Petitioner is also permitted toconfirm service upon the unserved respondent at such newaddress. Registry has to be careful. The rule to disclose thedetails of the litigant as per cause title of the impugnedorder can never restrain the petitioner before this court tofile proper details of the respondents so as to confirm theservice upon such respondents at the earliest.Item No.28 -2- Unfortunately, in the present case, only because ofthe reason that unserved respondent No.2 was in the prisonwhile filing the appeal before the High Court, his address wasdisclosed as such in the impugned order and because of thefollowing the rule to disclose the same fact in the causetitle, without application of amendment, details are disclosedas such in the memo of appeal before this court. The factremains that the High Court has acquitted such litigant and

thereby at present he is not in the prison. Such fact isconfirmed by the learned counsel for the petitioner.Therefore, they want to disclose the better and correctaddress of such litigant. In addition to issuance of notice as aforesaid, letthere be an additional notice at the proper address disclosingthe Memo of Appearance as well as on page 2 of the impugnedorder. Additional notice be forwarded to the AdditionalSessions Judge Ist FTC, Nalgonda with reference to SessionsCase No.543/2005 for confirming service through theInvestigating Agency. Spare copies are to be filed on or before 9.12.2011. If spare copies are not filed before 9.12.2011, listbefore the Hon'ble Judge in Chambers for non-prosecution.Item No.28 -3- If spare copies are filed before 9.12.2011, issuenotice, as per the above order. List again on 16.1.2012. (S.G. SHAH) REGISTRARrd

¬ITEM NO.46 REGISTRAR COURT.1 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR H.B. PRABHAKARA SASTRYPetition(s) for Special Leave to Appeal (Crl) No(s).1360-1361/2011STATE OF A.P. Petitioner(s) VERSUSPONGUWALA RAJU Respondent(s)(With appln(s) for c/delay in filing SLP,c/delay in refiling SLP)Date: 21/09/2011 These Petitions were called on for hearingtoday.For Petitioner(s) Mr. A. Ramesh, Adv. Mr. D. Mahesh Babu,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Learned counsel for the petitioner is present. As per office report, service is complete in SLP(CNo.1360/2011. In SLP(C) No.1361/2011, four weeks' time is grantedto the petitioner to furnish the correct and complete addressof the sole respondent and to confirm service upon him. List again on 25.11.2011. (H.B. PRABHAKARA SASTRY) REGISTRARrd

BITEM NO.45 REGISTRAR COURT.1 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR H.B. PRABHAKARA SASTRYPetition(s) for Special Leave to Appeal (Crl) No(s).1360-1361/2011STATE OF A.P. Petitioner(s) VERSUSPONGUWALA RAJU Respondent(s)(With appln(s) for c/delay in filing SLP,c/delay in refiling SLP)Date: 03/08/2011 These Petitions were called on for hearingtoday.For Petitioner(s) Mr. D. Mahesh Babu,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Learned counsel for the petitioner is present. The office report says that service in SLP(Crl.)No.1360/2011 is complete. Learned counsel for the petitioner to take freshsteps for confirming service upon the unserved respondent inSLP(Crl.) No.1361/2011 within four weeks. List again on 21.9.2011. (H.B.PRABHAKARA SASTRY) REGISTRARrd

\ITEM NO.21 COURT NO.13 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Crl)... 2011 CRLMP.NO(s). 2173-2174(From the judgement and order dated 05/02/2009 in CRLA No.1305/2006 & CRLA No. 1390/2006 of The HIGH COURT OF A.P ATHYDERABAD)STATE OF A.P. Petitioner(s) VERSUSPONGUWALA RAJU Respondent(s)(c/delay in filing SLP,c/delay in refiling SLP)Date: 11/02/2011 These Petitions were called on for hearingtoday.CORAM : HON'BLE MR. JUSTICE J.M. PANCHAL HON'BLE MR. JUSTICE H.L. GOKHALEFor Petitioner(s) Mr. R. Sundervardan, Sr. Adv. Mr. D. Mahesh Babu,Adv. Mr. Ramesh Allanki, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Issue notice on the applications for condonation of delay as well as on the Special Leave Petitions. (Neetu Sachdeva) (Sneh Bala Mehra) Sr. P. A. Court Master

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