Citation : 2025 Latest Caselaw 5301 Tel
Judgement Date : 3 September, 2025
THE HONOURABLE SMT JUSTICE K. SUJANA
CRIMINAL APPEAL No.909 OF 2025
JUDGMENT :
This criminal appeal is filed by the appellant/complainant
praying this Court to set aside the order dated 27.06.2024
passed in STC.No.1455 of 2022 by the XII- Additional Judicial
Magistrate of First Class, Medchal-Malkajgiri District at
Kukatpally.
2. Heard Sri L.Harish, learned counsel for the appellant and
Sri D.Arun Kumar, learned Additional Public Prosecutor
appearing for the respondent No.1-State.
3. The contention of learned counsel for the appellant is that
the trial Court dismissed the complaint filed under Section 200
of Cr.P.C, by the complainant on the ground that there is no
representation on behalf of the complainant and process not
paid inspite of conditional order. The further contention of
learned counsel for the appellant is that due to shifting of the
Court building, the complainant could not pursue the same and
in confusion, she has not paid the process which is not
deliberate. As such, requested this Court to set aside the
docket order by allowing this appeal.
4. Having regard to the submissions made by the learned
counsel for the appellant, it is seen that the complaint was
dismissed on the ground that process was not paid. The reason
explained for not paying the process was due to shifting of
Courts, appellant could not pay the process and that there are
good grounds to succeed in her complaint. Considering the
same, the docket order dated 27.06.2024 passed in
STC.No.1455 of 2022 by the XII- Additional Judicial Magistrate
of First Class, Medchal-Malkajgiri District at Kukatpally is liable
to be set aside.
5. Accordingly, the Criminal Appeal is allowed setting aside
the docket order dated 27.06.2024 passed in STC.No.1455 of
2022 by the XII-Additional Judicial Magistrate of First Class,
Medchal-Malkajgiri District at Kukatpally.
Miscellaneous petitions, if any, pending shall stand
closed.
______________ K. SUJANA, J
Date :03.09.2025 Rds
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