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High Court for State of TelanganaCRLA/377/2025disposed of no costs

J. Ramulu v. T. Ramachander Rao

2025-03-05K.Surender4 pages

[ 3251 ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD WEDNESDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER t.A.NO.1 0F 2016 CRIMINAL APPEAL NO: 377 OF 2025 Appeal under Section 378(4) of Cr. P C being aggrieved by the Judgment dated 02-11-2015 made in Crl.A.No.546 of 2013 on the file of the court of the lll Additional Metropolitan Sessions Judge, At Hyderabad by reversing the Judgment of conviction dated 31-05-2013 made in CC No. 105 of 2011 on the file of the XVI Additional Judge-Cum- XX Additional Chief Metropolitan Magistrate, Hyderabad was set aside and the accused was acquitted U/s.255(1) Crl.P.C, for the offences punishable u/s 138 of Nl Act.

Between:

J. Ramulu, Sio J. Narasimha, Aged 59 years. Occ- Business. R/o Laxmikala Theatre, Moosapet, Ranga Reddy District APPELLANT/RESPONDENT ANO

1. T. Ramachander Rao, S/o T.S. Rao, Aged 61 years, Occ- Business, R/o H.No. 8-2-506/'llC/1 , Road No.6, Banjara Hills, Hyderabad. ..APPELLANT/ACCUSED

2. The State of Telangana, Represented by its P P. High Court at Hyderabad ...RESPONDENT/RESPONDENT r.A.NO.1 0F 2016 CRLAMP. NO: 743 OF 2016 Petition under Section 482 of CrPC 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 64 days in filing Crl.A against the Judgment dated.02.11.20'15 made in Crl.A.No.546 of 2013 on the file of the Hon'ble lll Addl. Metropolitan Sessions Judge, at Hyderabad.

r.A.NO.3 0F 2016 Petition under Section 378(4) of CrPC praying that in the circumstances stated in the affidavrt filed in support of the petition, the Hig'r Court may be pleased to permit the petitioner to file the Criminal Appeal against the order dated 2.'1 12015 made in Crl.A.No.546 of 2013 on the file ot the Hon'ble lll Addl.MSJ, HyderabaJ, under Section 378(1) of Cit.p C Counsel for the Appellant: Ms. NANDITA GUHA/LEGAL AlCr Counsel for the Respondent No.2: SRI M. VIVEKANANDA REDDY, PUBLIC PROSECLTOR The Court delivered the following: COMMON JUDGMENT

--------7 THE HON'BLE SRI JUSTICE K.SURENDER I.A.No.1 OF 2O16 CRIMINAL APPEAL NO.377 OF 2025 COMMON JUDGMENT:

.

1.

This Court, by order, dated 08.O1.2025, in I.A.No. 1 of 2O16, directed the appellant to hle proof of service by the next date of hearing. Till date, no proof of service is filed, pursuant to the direction of this Court. There is a delay of 64 days in filing the criminal Appeal.

2.

In the said circumstances, I.A.No. I of 2016 is dismissed on the ground of non-service of notice on the respondent. Consequently, the Criminal Appeal is also dismissed. ln view of the judgment reported in Syam Dondiga a, Sta,te of And.hra Pradeshl, the Registry is directed to number the appeal.

3.

Miscellaneous petitions including t.A.Nos.2 and 3 of 2016, also stand dismissed.

Sd/. T. KRISHNA KUMAR OINT REGISTRAR \ /iTRUE COPY// SECTION OFFICER To,

1. The lll Additional Metropolitan Sessions Judge, At Hyderabad

2. The XVI Additional Judge-Cum- XX Additional Chief Metropolitan Magistrate, HYderabad.

3. Twi CCs to th-e Public Prosecutor, High Court for the State of Telangana at HyderabadIOUT]

4. One CC to Ms. Nandita Guha Advocate [OPUC]

5. Two CD CoPies t PrptesL

HIGH COURT DATED:05103t2025 -:=,= ,,1. i .L i) L'

\ ,Yd ?5 sr1 ilffi COMMON JUIDGMENT I !.A.NO.1 0F 2016 CRLA.No.377 of 2025 \J ,, DISMISSING THE I.A.

AND CRIMINI\L APPEAL o