Khatighar Shankar Rao vs Nagari Pandusa And 4 Others
2022 Latest Caselaw 3112 Tel

                                                           Crl.Appeal No.368 of 2020
                                        1



          THE HONOURABLE SRI JUSTICE K.SURENDER

                  CRIMINAL APPEAL No. 368 OF 2020

O R D E R:

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

acquittal against the respondents 1 to 4/Accused Nos.1 to 4 passed in

C.C.No.100 of 2011, dated 26.06.2019 on the file of the II Additional Chief

Metropolitan Magistrate, Hyderabad for the offences punishable under

Sections 408, 420, 423, 424, 468, 471 and 201 read with Section 34 of

Indian Penal Code.

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

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

investigation conducted by the Afzalgunj 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.368 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 II Additional

Chief Metropolitan Magistrate, Hyderabad and accordingly in the event of

any conviction by the said II Additional Chief Metropolitan Magistrate,

Hyderabad, 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: 28.06.2022 ns