The State Of Telangana Rep., v. Valapu Balachary, Hyd And 2 Otrs.,

[34281

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THURSDAY, THE TWENTY SIXTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HON'BLE SRI JUSTICE K.SURENDER AND THE HON'BLE SRI JUSTICE K.SARATH l.A.No.1 ot 2017 (Crl.A.M.P.No.2388 of 20'17) CRIMINAL APPEAL No: 1190 of 2O17 Appeal under Section 378(3) & (1) of Cr.P.C against the Judgment dated 23-01-2014 passed in S C.No.1SB of 2013 on the file of the Court of the Metropolitan Sessions Judge, Hyderabad.

Between:

The State of Telangana, rep. by The Public Prosecutor, High Court at Hyderabad.

...Petitioner/Appellant

AND '1. Vallapu Balachary, S/o. Late V Eshwaraiah, Age:31 years, R/o. Ziaguda, Hyderabad.

2. Smt. V.Bhagyamma, Wo Late V Eshwaraiah, Age:30 years, R/o. Ziaguda, Hyderabad.

3. Kum. Mahalaxmi, D/o. Late V. Eshwaraiah, Age:25 years, Rl/o. Ziaguda, Hyderabad.

...Respondents/Respondents

l.A. NO: 1OF 2017 CRLAMP. NO: 2388 OF 2017 ) Petition under Section 5 of Limitation Act praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to condone the delay of " 1231 days" in presenting the appeal against the order of acquittal of the accused/respondents in S.C.No.158 of 2013 on the file of the Metropolitan Sessions Judge, Hyderabad, dated 23-1-2014.

Counsel for the Appellant: Public Prosecutor Counsel for the Respondents: None Appeared The Court 6slivglr:d the following: JUDGMENT

THE HONOURABLE SRI JUSTICE K'SURENDER AND THE HONOURABLE SRI JUSTICE K'SARATH I.A.No. 1 of 2Ot7 Crl.A.M.P.No.2 388 of 20L7 CRIMINAL APPEAL No.119ooF2oL7 JUD (per Hon'ble Sri Justice K'surenderl GMENT:

I.A.No.lof2olTisfiledseekingtocondonethedelayofl23l days in Presenting the aPPeal'

2. On 25.10'2017 in I'A'No' I of 2017 ' this Court directed the petitioner to take out personal notice on the respondents by 'RPAD' and file proof of service' However' proof of service is not Illed to show that notices were sent to the respondents' Again on 06.09.2019 this court directed the petitioner to take out fresh notice on the respondents' Till date' no proof of service is filed to show that notices have been sent to the respondents' 3.

Accordingly, I'A'No' 1 of 2017 is dismissed and consequently the appeal stands rejected'

l Miscellaneous petitions' if any' pending shall stand closed' '' Sd/- M. M NJULA DEPUTY RE ISTRAR //TRUE COPY// / SECTION OFFICER To,

1. The Metropolitan Sessions Judge, Hyderabad (with records' if any)

2. The XVI Additional Chief Metropolitan Magistrate' Hyderabad' 3.TheStationHouseofficer,KulsumpuraPoliceStation,Hyderabad'

4. Two CCs to the Public Prosecutor, High Court for the State of Telangana at HYderabad [OUT]

5. Two CD CoPies I

HIGH COURT DATED:2611212024 16:

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JUDGMENT

l.A.No.1 ot 2.017 (Crl.A.M.P.No.238B ot 2[fil CRLA.No.1190 of 2017 LA.No.1 of 21017 lS DISMISSED CRIMINAL APPEAL STANDS RE.JECTED @ -x1-+ /Q-'