The State Of Telangana v. Vanarasi Manyam,
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH [Special Original Jurisdiction] MONDAY THE TWENTYSEVENTH DAY OF MARCH TWO THOUSAND AND SEVENTEEN PRESENT HONOURABLE SRI JUSTICE SURESH KUMAR KAIT HONOURABLE SRI JUSTICE U. DURGA PRASAD RAO CRL.AMP.No. 629 OF 2017 IN CRL.APPEAL NO. 307 OF 2017 CRIMINAL APPEAL NO. 307 OF 2017 Between:
The State of Telangana Represented by its Public Prosecutor, High Court of Judicature for the State of Telangana & Andhra Pradesh Petitioner/Appellant Hyderabad.
... [complainant] V/s.
Vanarasi Manyam & Anr. ... Respondents/Accused Counsel for the Petitioner/ Appellant :
PUBLIC PROSECUTOR [TG] Counsel for the Respondents/ A-1 & A-2 :
NONE APPEARED The court made the following :
[common judgment follows]
HONOURABLE SRI JUSTICE SURESH KUMAR KAIT HONOURABLE SRI JUSTICE U. DURGA PRASAD RAO CRL.AMP.No. 629 OF 2017 IN CRL.APPEAL NO. 307 OF 2017 CRIMINAL APPEAL NO. 307 OF 2017 COMMON JUDGMENT : ( O R A L ) {Per the Hon'ble Sri Justice Suresh Kumar Kait }
1. This petition is filed seeking to condone the delay of 153 days in presenting the appeal.
2. The impugned judgment was pronounced on 10.06.2016 and certified copy of the same was made ready on 15.07.2016. The Additional Public Prosecutor offered his opinion on 20th July 2016 and sent to the Commissioner of Police, Hyderabad City. Thereafter, the Commissioner of Police sent the proposals to the office of Public Prosecutor of this Court on 05.08.2016. Despite that, the appeal was filed on 10th March 2017. There is no explanation as to why the inordinate delay was caused in filing the appeal.
3. The settled law is that day-to-day delay has to be explained. However, in the present petition, there is no explanation for the delay of 153 days in filing the appeal.
4. Keeping in view the inordinate delay as noted above which has not been properly explained, we hereby find no ground to condone the delay.
5. The petition is dismissed accordingly.
6. Consequently, Criminal Appeal stands rejected.
7. As a sequel, miscellaneous petitions if any, pending in the above criminal appeal shall stands disposed of. ___________________________ JUSTICE SURESH KUMAR KAIT ____________________________ JUSTICE U. DURGA PRASAD RAO 27/03/2017 ajr/I s L
HONOURABLE SRI JUSTICE SURESH KUMAR KAIT HONOURABLE SRI JUSTICE U. DURGA PRASAD RAO COMMON JUDGMENT IN CRL.AMP.No. 629 OF 2017 (DELAY PETITION DISMISSED) IN CRL.APPEAL NO. 307 OF 2017 (APPEAL REJECTED) {Per the Hon'ble Sri Justice Suresh Kumar Kait} Date: 27/03/2017 Circulation No.
Court Master: ajr/I s L