Citation : 2022 Latest Caselaw 9726 AP
Judgement Date : 16 December, 2022
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE NO.: Crl.A. No.1449 of 2017
PROCEEDING SHEET
Sl. DATE ORDER OFFICE
No. NOTE
5. 16.12.2022 CMR, J
I.A.No.1 of 2017 (CRLA.M.P.No.2866 of 2017)
The petitioner is the de facto complainant in S.C.No.33 of
2014 on the file of the learned Special Sessions Judge for trial of
Cases under SC & ST (POA) Act - Cum- Additional District
Judge, Visakhapatnam. The said case ended in acquittal. As the
State did not prefer any appeal against the said judgment of
acquittal, the petitioner being the de facto complainant, has
preferred the present appeal. There is delay of 514 days in filing
the appeal.
It is stated that as the trial took place in the Court of
Visakhapatnam and as she has been residing in Guntur after the
death of her husband that she was not aware of the fact that the
said case was disposed of acquitting the accused and after she
came to know the said fact, she preferred the said appeal and in
that process, there is delay of 514 days in preferring the appeal.
Learned counsel for the respondents would submit that
the delay is inordinate delay and in case the Court is inclined to condone the delay that it may be condoned on some terms.
Therefore, in the said facts and circumstances of the case, the delay of 514 days is condoned on payment of costs of Rs.3,000/- (Rupees three thousand only) to the A.P. High Court Employees Association, Amaravati, on or before 03.01.2023.
List the matter for payment of costs, on 03.01.2023.
________ CMR, J
AKN
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