Banda Apparao vs The State Of Telangana
2024 Latest Caselaw 4360 Tel

Telangana High Court

Banda Apparao vs The State Of Telangana on 8 November, 2024

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     THE HONOURABLE SRI JUSTICE K.SURENDER

          CRIMINAL APPEAL No.966 OF 2024

JUDGMENT:

This appeal is filed under Section 419 (4) of Bharatiya

Nagarik Suraksha Sanhita, 2023 (for short 'BNSS')

questioning the acquittal of the respondent/accused.

2. The charge sheet was filed by the Sub-Inspector of

Police, Rajendranagar Police Station, for the offences under

Section 306 of IPC against respondent No.2/accused.

Learned I Additional Assistant Sessions Judge, Rangareddy

District at L.B.Nagar, acquitted the respondent No.2/accused

by order dated 18.06.2024.

3. The present appeal is filed under Section 419 (4) of

BNSS. The said provison enables a private complainant or

complaint filed by any complainant other than the Police to

question the acquittal under Section 419 of BNSS. Further,

the State can file an Appeal under Section 419 of BNSS.

4. If the victim is aggrieved by the order of acquittal, the

remedy lies under proviso to Section 413 of BNSS. Section

413 of BNSS reads as under:-

"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 Sanhita or 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."

5. The appeals from convictions are provided under

Section 415 of the BNSS. A person convicted on a trial held

by Sessions Judge or any other Court in which a sentence of

imprisonment for more than seven years has been passed

shall appeal to the High Court.

6. In the new scheme of Criminal Procedure under BNSS,

the category of Assistant Sessions Judge is not recognized,

though the category of Assistant Sessions Judges was

specifically mentioned in the Criminal Procedure, Code,

1973.

7. The category of Assistant Sessions Judge would fall

within the meaning of 'any other Court' under Section 415(2)

of BNSS.

8. However, while dealing with acquittals, there are two

provisions. One is Section 419 and the other is Section 413 of

BNSS, since a private complainant or a public servant apart

from the Public Prosecutor on the instructions of the

concerned Government, can file appeals. The de facto

complainant can only file appeal against an acquittal under

Section 413 of BNSS.

9. Accordingly, the Criminal Appeal is disposed of

directing the Registry to return the bundle to the appellant

enabling him to file an appeal before the Sessions Court.

_________________ K.SURENDER, J Date: 08.11.2024 ynk