Smt. Sappidi Prabha vs State Of Telangana And 5 Others
2022 Latest Caselaw 2575 Tel

                  THE HON'BLE SRI JUSTICE K.SURENDER

                      CRIMINAL APPEAL No. 129 OF 2020
O R D E R:

The present Criminal Appeal is filed aggrieved by the order of the

acquittal against the respondents 2 to 6/Accused Nos.1 to 5 passed in

C.C.No.586 of 2015, dated 08.11.2019 on the file of the II Additional Junior

Civil Judge-cum-XIX Additional Metropolitan Magistrate, Cyberabad at

Malkajgiri for the offences punishable under Section 498-A of Indian Penal

Code and Section 3 and 4 of Dowry Prohibition Act.

2. The acquittal is recorded by the II Additional Junior Civil Judge-cum-

XIX Additional Metropolitan Magistrate, Cyberabad at Malkajgiri, after

trying the offence which is result of the investigation conducted by the

Kushaiguda Police Station and charge sheet being laid. The appeal against

the acquittal in such cases would lie to the Sessions Court as per Section

372 of the Cr.P.C., which reads as follows;

372. No appeal to lie unless otherwise provided--No appeal shall lie from any

judgment or order of a Criminal Court except as provided for by this Code by

any other law for the time being in force:

[Provided that the victim shall have a right to prefer an appeal against any order

passed by the Court acquitting the accused or convicting for a lesser offence or

imposing inadequate compensation, and such appeal shall lie to the Court to

which an appeal ordinarily lies against the order of conviction of such Court].

3. As required under provision of Section 372 of Cr.P.C., order of

acquittal has to be preferred and lies before the Court to which an appeal

ordinarily lies against the order of conviction of such Court.

4. In the present case, the Court recording the acquittal is II Additional

Junior Civil Judge-cum-XIX Additional Metropolitan Magistrate and

accordingly in the event of any conviction by the said Additional

Metropolitan Magistrate, the appeal would lie to the Special Court.

5. In the said circumstances, the present appeal is not maintainable

before this Court and accordingly, the Registry is directed to return the

case papers to the appellant to enable filing of the appeal before the

Sessions Court, if so advised. Needless to say the Sessions Court would

consider the petitioner filing the appeal on misconception of law as a

ground to condone the delay.

6. Accordingly, the Criminal Appeal is disposed off.

Miscellaneous applications, if any pending in this criminal petition,

shall stand closed.

________________ K.SURENDER,J Date: 10.06.2022 ns