The vs Unknown
2022 Latest Caselaw 1099 AP

        HIGH COURT OF ANDHRA PRADESH: AT AMARAVATI

MAIN CASE No. Crl. R.C. (SR) 1484 of 2022

                           PROCEEDING SHEET
Sl.     DATE                        ORDER                                OFFICE
No.                                                                       NOTE
(1)   02-3-2022   CMR, J.                                                Transferred
                                                                         to I.O.
                                                                         Folder.
                              Crl.R.C. (SR) No.1484/2022

                          The petitioner was acquitted in the trial
                  Court.      The de facto complainant preferred
                  appeal against the said judgment of acquittal to
                  the appellate Court i.e. the Sessions Court.
                  The Principal Sessions Judge, Chittoor, has
                  allowed the appeal and convicted the petitioner
                  and sentenced him to undergo imprisonment.
                  Aggrieved thereby, he has preferred the present
                  revision.
                          Registry took objection as to how the
                  criminal revision case is maintainable against
                  the judgment passed in Crl. Appeal No.25 of
                  2021.
                          In other words, Registry is of the view that
                  as   appeal    lies   against   the   judgment    of
                  conviction that the petitioner has to prefer
                  appeal and he cannot maintain a criminal
                  revision case. But a reading of Section 374(2) of
                  Cr.P.C makes it clear that only a person
                  convicted on a trial held by a Sessions Judge or
                  an Additional Sessions Judge or on a trial held
                  by any other Court in which a sentence of
                  imprisonment for more than seven years has
                  been passed that he may prefer an appeal to the
                  High Court. In the instant case, the petitioner
                  was not convicted by a trial Court on a trial held
                  by the Sessions Judge or Additional Sessions
                  Judge. He was convicted in an appeal preferred
                  before the Sessions Judge. No right of appeal is
                  conferred on the petitioner in scheme of Cr.P.C
                  to challenge the said judgment of conviction
                  passed by the learned Sessions Judge reversing
                  the judgment of acquittal.        Therefore, it is
 settled law that when no appeal lies that
revision lies against a final order.
      Almost     in    a   similar     situation,    the
Karnataka High Court in a judgment relied on
by the learned counsel for the petitioner in the
case of Jayanthilal Dave v. State Assistant
Drug Controller (2010 CRI.L.J. 4339), held at
para-4 as follows:
      "Reading of Section 374, Cr.P.C. do not
indicate that an appeal would lie to this Court
against the order of conviction recorded by the
Sessions Judge in exercise of his appellate
power. Remedy by way of appeal is the creation
of a statute.    Unless statute confers right of
appeal on the aggrieved person, appeal cannot
be presented to and entertained by any Court.
As the provisions of Code of Criminal Procedure
has not provided for an appeal against the
judgment of conviction passed by the Court of
Session in exercise of its appellate power on
reversal of judgment of acquittal passed by the
Magistrate,     no    appeal   can     be     maintained
against such judgment of conviction. Therefore,
this appeal is not maintainable."
      Therefore,      in   view   of    the    aforesaid
analogy, it is obvious that the appeal does not
lie against the judgment of the learned Sessions
Judge. As right of appeal is not provided by the
Statute, revision lies against the said judgment.
      Therefore, the objection of the Registry is
unsustainable and it is overruled.            Registry is
directed to register the revision case if it is
otherwise in order and post the matter before
the Bench on 03-3-2022.

                                               _________
                                                CMR, J.

Ak