CRLP/13369/2010 of Dondapati Palayya , Yesu, Vs The State of Andhra Pradesh, on 31 December 2010

Conclusion

ORDER:

The petitioner herein was tried in C.C.No.312 of 2007 by theAdditional Judicial First Class Magistrate, Peddapuram, East GodavariDistrict for the offence punishable under Section 326 IPC.The trialCourt after considering the evidence, came to the conclusion that thepetitioner is guilty of the said offence, and sentenced him to suffer sixmonths imprisonment and to pay a fine of Rs.1,000/-.The saidsentence was suspended by the Magistrate from 28.9.2010 to10.11.2010.The petitioner could not file the appeal in time and assuch, he was taken into custody.Thereafter, the petitioner preferredan appeal before the District and Sessions Judge, Rajahmundry. Asthere was delay of 27 days, he filed an application to condone thedelay.But however, the learned Sessions Judge dismissed the saidapplication. Hence, the same is questioned in this petition.

Heard.

Filing of an appeal is a statutory right conferred on thepetitioner.No doubt, it is true that there is delay of 27 days in filing thesaid appeal.But the Court below ought not to have dismissed the saidapplication on the ground that no reasons have been explained.When once the said application to condone the delay is dismissed,automatically the appeal cannot be entertained.As stated above, thepetitioner has a statutory right to file an appeal.In thosecircumstances, this Court is of the view that the order of the Courtbelow is liable to be set aside.

Accordingly, the order passed in Crl.M.P.No.2173 of 2010 inCrl.A.(SR) No.3555 of 2010 by the District and Sessions Judge, Rajahmundry, dated 1.12.2010 is set aside, and the learned SessionsJudge is directed to take up the matter and pass appropriate ordersafresh.

With the above direction, the Criminal Petition is allowed.

______________________________

Justice Gopala Krishna Tamada

Dated: 31.12.2010Nn

HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA

CRIMINAL PETITION No:13369 OF2010

31.12.2010