Telangana High Court

CRLRC/1881/2015 of V. Shravanan Vs The State of Telangana on 30 December 2015

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SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1881 of 2015 ORDER: Petitioner preferred the present Criminal Revision Case by invoking the provisions under Sections 397 and 401 of the Code of Criminal Procedure being aggrieved by the order, dated 26.08.2015, passed in Crl.M.P.No.1571 of

THE HON'BLE SRI JUSTICE RAJA ELANGOCRIMINAL REVISION CASE No.1881 of 2015

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ORDER:

Petitioner preferred the present Criminal Revision Case byinvoking the provisions under Sections 397 and 401 of the Code ofCriminal Procedure being aggrieved by the order, dated 26.08.2015,passed in Crl.M.P.No.1571 of 2015 in Crl.A.SR.No.6986 of 2015 onthe file of the Metropolitan Sessions Judge, Hyderabad, whereby thelearned Sessions Judge dismissed the condone delay petition filed bythe petitioner.

The wife of the petitioner – 2[nd] respondent herein, filed DVCNo.46 of 2012 before the III Metropolitan Magistrate, Hyderabad,against the petitioner and his family members, under Sections 18, 19,20 and 22 of the Protection of Women from Domestic Violence Act,2005. The trial Court passed order, dated 08.05.2014, grantingprotection order, residence order, maintenance of Rs.50,000/- and alsocompensation of Rs.10.00 lakhs to the 2[nd ]respondent and directed thepetitioner to pay the arrears and other amounts within two months fromthe date of that order. The petitioner preferred the appeal with a delayof 442 days. The learned lower appellate Judge dismissed thecondone delay petition. Aggrieved over the same, the present revisionis filed.

This Court is of the view that when a person wants to prefer anappeal aggrieved over the order passed by the Court below, the delayin preferring such appeal can be condoned and such condonation ofdelay will not cause any prejudice to the opposite parties. Hence, theCriminal Revision Case is disposed of with the following directions.

The petitioner is directed to file a fresh application before thelower appellate Court to condone the delay in preferring the appealand on such application, the lower appellate Court is directed to condone the same and to hear the appeal and dispose of the same inaccordance with law, as expeditiously as possible.

With the above directions, the Criminal Revision Case isdisposed of. Miscellaneous petitions pending if any, shall standclosed.

_______________

RAJA ELANGO, J

December 30, 2015.

KTL

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