Andhra Pradesh High Court - Amravati
Turaka Venkata Ramana, vs The State Of Andhra Pradesh on 12 April, 2024
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MAIN CASE No: Crl.A.(S.R).No.3272 of 2024 PROCEEDING SHEET Sl. Date ORDER OFFICE No NOTE 12.04.2024 Dr.VRKS,J Heard arguments of Sri Omkar.D, the learned counsel for appellant. Heard arguments of Sri Dheera Kanishk, learned Assistant Public Prosecutor representing the state.
Perused the record.
In HRC.No.1 of 2016 by a judgment dated 01.04.2024, learned I Additional District and Sessions Judge, Nellore found the sole accused guilty for the offences under Sections 323, 504 and 506(i) IPC read with Section 2(d) of Protection of Human Rights Act, 1993. Various sentences were prescribed.
Challenging that judgment, the convict sought to prefer an appeal under Section 374(2) of Code of Criminal Procedure, 1973. An objection has been raised by the Registry as to the maintainability of this appeal as against the judgment rendered in a human rights case. It is in this regard, learned counsel made submissions and pointed out that the Protection of Human Rights Act, 1993 though constituted human rights courts have not made a provision as to the forum of appeal and therefore the matter has to be viewed through the provisions contained in Code of Criminal Procedure. Learned counsel submits that the impugned judgment was rendered by an Additional District and Sessions Judge and in the normal course as against the judgments of such court, the appeal lies to this court/ High Court. Learned counsel submits that since the special enactment has not made a provision, this court has to act upon what is provided under section 374(2) Cr.P.C.
Learned Assistant Public Prosecutor in broad terms agrees with the submissions and further states that the question of maintainability would always be available at any stage of the hearing of the appeal also.
Considering the fact that there is no provision provided in the special enactment, the objection raised by the Registry is overruled.
Registry is directed to register the criminal appeal.
List on 16.04.2024.
____________ Dr.VRKS,J Dvs