Pallerla Rajasekhar v. The State Of Telangana And 2 Others
r \
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD FRIDAY,THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL APPEAL NO: 519 OF 2O2O Crl.Appeal Under Section 372 of Cr.P.C. against the Judgement dated 2'l-06-2018 in C.C.No. 13 of 2016 on the file of the Court of the Judicial magistrate of First Class, Luxettipet Between:
Pallerla Rajasekhar, S/o. Gurvaiah, Aged 36 yrs., Occupation. Business, R/o. Uthukur Village, Luxetipet Mandal, Adilabad District. ...APPELLANT/ DEFACTO COMPLAINANT AND
1. The State of Telangana , Rep. by its Public Prosecutor, High Court at Hyderabad.
2. Gampa Rajesham, S/o. Buchaiah, Aged 49 yrs., Occupation. Business, R/o. Beat Bazar, Uthkur Village, Luxetipet Mandal, Adilabad District
3. Gampa Srinivas, S/o. Buchaiah, Aged 42 yrs., Occupation Business, R:/o. Godavari Road, Luxettipet, Adilabad District. ...RESPODENTS Counsel forthe Appellant: SRl. K. V. SUBBA REDDY Counsel forthe Respondent No.1 : THE PUBLIC PROSECUTOR l Counsel for the Respondent No. 2 &3 : SRI K. VENUMADHAV The Court Delivered the following: Judgment
THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL APPEAL No. 519 OF 2O2O ORDER:
The present Criminal Appeal is filed aggrieved by the order of the acquittal against the respondents 2 & 3/Accused Nos.1 & 2 passed in C.C.No.13 of 2076, dated 21.06.2018 on the file of the Judicial Magistrate of First Class, Luxettipet, for the offences punishable under Section 326 read with 34 of Indian Penal Code.
2.
The acquittal is recorded by the Judicial Magistrate of First Class, Luxeftipet, after trying the offence which is result of the investigation conducted by the Luxettipet Police Station and charge sheet being laid. The appeal against the acquittal in such cases would lie to the Sessions Court as per Section 372 of the Cr.P.C., which reads as follows;
372. No appeal to lie unless otherwise provided-No appeal shall lie from any judgment or order of a Criminal Couft except as provided ,€or by this Code by any other law for the time being in force:
[Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or \ convicting for a lesser offence or inposing inadeguate \ compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Couru.
\
3.
As required under provision of Section 372 of Cr.p.C., order of acquittal has to be preferred and lies before the court to which an appeal ordinarily ties against the order of conviction of such Court. 4.
In the present case, the Ccurt recording the acquittal is Judicial Magistrate of First Class, Luxettipet and accordingly in the event of any conviction by the said Judicial Magistrate of First Class, Luxettipet, the appeal would lie to the Sessions Court.
5.
In the said circumstances, the present appeal is not maintainable before this Court and accordingly, the Registry is directed to return the case papers to the appellant to enable filing of the appeal before the Sessions i court, if so advised. Needless to say the sessions court would consider the petitioner filing the appeal on misconception of law as a ground to condone the delay.
6.
Accordingly, the Criminal Appeal is disposed off. Miscellaneous applications, if any pending in this criminal appeal, shall stand closed.
SD/-A.V.S.S.C.S.M.SARMA DEPUTY REGISTRAR / //TRUE COPY// SECTIO OFFICER To
1. The Judicial First Class Magistrate at Luxettipet, Adilabad District.
2. The Station House officer, Luxettipet Police Station, Adilabad District.
3. Two CCs to Public Prosecutor, High Court at Hyderabad for the State of Telangana (OUT)
4. One CC to SRl. K V SUBBA REDDY Advocate [OPUC]
5. One CC to SRl. K. VENUMADHAV, Advocate IOPUC]
6. Section officer criminal section High Court for the State of Telangana Hyderabad
7. Two CD Copies
8. One Spare Qopy -a.*
HIGH COURT DATED:01 10712022 1 -,;,, 2[2 Judgment CRL. A.No.519 of 2020 DISPOSING OF THE CRL.APPEAL.
@% v\