Goli Sathish Chandra vs Goli Anuradha
2025 Latest Caselaw 1214 Tel

Telangana High Court

Goli Sathish Chandra vs Goli Anuradha on 22 January, 2025

Author: Juvvadi Sridevi

Bench: Juvvadi Sridevi

       HON'BLE SMT. JUSTICE JUVVADI SRIDEVI

            CRIMINAL PETITION No.178 of 2025

ORDER:

This Criminal Petition is filed by the petitioner seeking to

quash/set aside the docket order dated 01.04.2024 in

Crl.M.P.No.24 of 2024 in Crl.A.No. of 2024 passed by the

learned Principal District and Sessions Judge at Jagtial.

2. Heard Mr.A.Divakar Reddy, learned counsel for the

petitioner and the learned Additional Public Prosecutor for the

State-Respondent. Perused the material on record.

3. Case of the petitioner is that respondent No.1 has filed

D.V.C.No.16 of 2016 against him. The trial Court, by order

dated 06.11.2023, has allowed the petition in favour of

respondent No.1. Against the said judgment, the petitioner has

preferred an appeal and he has also filed Crl.M.P.No.24 of 2024

seeking condonation of delay of 31 days in filing the appeal.

But, the said application was dismissed on 01.04.2024, on the

ground that there was no representation of behalf of the

petitioner.

4. Further case of the petitioner is that though there is no

representation on behalf of petitioner, the Sessions Court ought

to have decided the application on merits. Hence, the order dated

01.04.2024, is a cryptic one and is not in accordance with law

and the same is liable to be set aside.

5. A perusal of the impugned order discloses that the

learned Sessions Judge has dismissed the application filed by

the petitioner seeking to condone the delay of 31 days in

preferring the appeal on the ground that there was no

representation on behalf of the petitioner. The learned trial

Court ought to have passed a conditional order before

dismissing the condone delay petition. Therefore, impugned

order is liable to be set aside. Accordingly, the order dated

01.04.2024 in Crl.M.P.No.24 of 2024 in Crl.A.No. of 2024 is

hereby set aside and the petitioner is directed to file fresh

application incorporating proper reasons for the delay caused in

filing Criminal Appeal. On such application being filed, the

trial Court shall dispose of the said application afresh, on

merits, in accordance with law, within a period of four (04)

weeks, from the date of receipt of a copy of this order, after

giving ample opportunity to both the parties, without being

prejudiced by the earlier dismissal order.

6. Accordingly, this Criminal Petition is allowed.

Miscellaneous applications, if any pending, shall also

stand closed.

_____________________ JUVVADI SRIDEVI, J Date: 22.01.2025 lk