Settupalli Kameswari v. The State Of Andhra Pradesh

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL REVISION CASE No.3076 of 2016 ORDER :

Aggrieved by the order dated 14.09.2016 in Crl.MP.No.2561 of 2014 passed by the Principal Sessions Judge, Guntur, this revision is filed by the petitioner/ de facto complainant. Notice ordered to revision respondents 2 to 6, who are the accused, of whom, respondents 2 to 5 are served or unclaimed as left, as the case may be, and so far as respondent No.5/ A4, the same is returned from the enquiry, as no such addressee in the door number.

A perusal of cause title addresses of respondents 2 to 5 show same house number and the same area in the same premises, thereby, the said endorsement on its face is incorrect of no such addressee in the door number. Thus, from the registered post sent and others already either unclaimed or served, this Court takes it as a sufficient service, that too, revision is against the default dismissal order dated 14.09.2016 in Crl.MP.No.2561 of 2014 passed by the Principal Sessions Judge, Guntur, which was filed to condone the delay of 63 days in preferring the appeal against the acquittal judgment dated 27.08.2014 in C.C.No.82 of 2012 passed by the learned V Additional Junior Civil Judge, Guntur.

Having regard to the above, the Criminal Revision Case is allowed, subject to costs of Rs.1,000/ - (Rupees One thousand only) to the Chief Justice Relief Fund. Since costs of Rs.1,000/ - is paid today, the order dated 14.09.2016 in Crl.MP.No.2561 of 2014 passed by the Principal Sessions Judge, Guntur, is set aside and Crl.MP.No.2561 of 2014 is restored to its file, with a direction to the lower appellate Court, to proceed in accordance with law.

Miscellaneous petitions, pending if any, shall stand closed. _________________________ Dr. B. SIVA SANKARA RAO, J Date:21-02-2017 pab