THE HON'BLE Dr.JUSTICE G.RADHA RANI
CRIMINAL REVISION CASE No.428 of 2020
ORDER:
The Criminal Revision Case is filed by the petitioner/appellant against the order dated 16.03.2020 in Crl.M.P.No.4763 of 2019 in unnumbered Criminal Appeal of 2019 passed by the Metropolitan Sessions Judge, Ranga Reddy District against the judgment dated 22.07.2019 passed in CC No.209 of 2018 by the VIII Special Magistrate, Kukatpally, Ranga Reddy District.
2. Heard the learned counsel for the petitioner. No representation by the learned counsel for the respondents.
3. Learned counsel for the petitioner submitted that this Criminal Revision Case is filed aggrieved by the dismissal order dated 16.03.2020 passed in Crl.M.P.No.4763 of 2019 by the Metropolitan Sessions Judge, Ranga Reddy District in dismissing the condone delay petition filed by the petitioner. 2
4. On perusal of the record, it is disclosed that the petitioner is the complainant in C.C.No.209 of 2018 on the file of the VIII Special Magistrate, Kukatpally and the trial Court convicted the respondents, but failed to award any compensation, as such, aggrieved by the same, the petitioner preferred the appeal but as there was a delay of (8) days in filing the appeal, the Crl.M.P.No.4763 of 2019 was filed by the petitioner but the said petition was dismissed.
5. The court below dismissed the delay petition observing that the reasons cited by the petitioner appear to be totally bald and the petitioner failed to place any material before the court to show that he was travelling frequently on business purpose. The delay in filing the appeal is only 8 days. The Hon'ble Apex Court in Esha Bhatacharjee Vs. Managing Committee of Raghunathpur Nafar Academy (Civil Appeal Nos.8183-8184 of 2013) held that there was a distinction between inordinate delay and delay of short duration or few days. As the doctrine of prejudice would be attracted when there was an inordinate delay and the delay of short duration needs no strict approach but a liberal approach, it is 3 considered fit to allow the revision by setting aside the impugned order.
6. In the result, the Revision Case is allowed by setting aside the order dated 16.03.2020 passed in Crl.M.P.No.4763 of 2019 in Crl.Appeal.No.... of 2019 in C.C.No.209 of 2018 passed by the Metropolitan Sessions Judge, Ranga Reddy District and the delay in preferring the criminal appeal is condoned..
Miscellaneous Petitions, pending if any, shall stand closed.
___________________________ Dr.JUSTICE G.RADHA RANI Date:08.11.2022 dgr/ss 4 THE HON'BLE Dr. JUSTICE G.RADHA RANI CRIMINAL REVISION CASE No.428 of 2020 Dt.08.11.2022 Dgr/ss 5