Mirza Mohammed Aleem Baig vs The State Of Telangana And 2 Others
2022 Latest Caselaw 2858 Tel

                                                           Crl.Appeal No.255 of 2020
                                        1



          THE HONOURABLE SRI JUSTICE K.SURENDER

                  CRIMINAL APPEAL No. 255 OF 2020

O R D E R:

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

acquittal against the respondents 2 & 3/Accused Nos.1 & 2 passed in

C.C.No.94 of 2015, dated 30.07.2019 on the file of the XVII Additional Chief

Metropolitan Magistrate, Nampally, Hyderabad for the offences punishable

under Sections 326 read with 34 of Indian Penal Code.

2. The acquittal is recorded by the XVII Additional Chief Metropolitan

Magistrate, Nampally, Hyderabad, after trying the offence which is result of

the investigation conducted by the Jubilee Hills 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].

Crl.Appeal No.255 of 2020

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 XVII

Additional Chief Metropolitan Magistrate, Nampally, Hyderabad and

accordingly in the event of any conviction by the said Additional Chief

Metropolitan Magistrate, the appeal would lie to the Sessions 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 appeal, shall

stand closed.

________________ K.SURENDER,J Date: 16.06.2022 tk Crl.Appeal No.255 of 2020

THE HON'BLE SRI JUSTICE K.SURENDER

CRIMINAL APPEAL No.255 of 2020 Dt.16.06.2022

tk