Telangana High Court
CRLRC/959/2025 of Mohammed Khan Sami Ullah Khan Vs Syed Asif on 16 December 2025
COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE SIXTEENTH DAY OF DECEIV1BER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE JUWADI SRIDEVI CRIMINAL REVISION CASE NO: 959 OF 2025 Criminal Revision Case filed under Section 438 & 442 of BNSS against the Order dated
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
TUESDAY, THE SIXTEENTH DAY OF DECEIV1BER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SMT JUSTICE JUWADI SRIDEVI
CRIMINAL REVISION CASE NO: 959 OF 2025
Criminal Revision Case filed under Section 438 & 442 of BNSS against the Order dated 13.08.2025 made in Crl.M.P.No.37 of 2024 in Crl.A.S.R.No.377 of 2025 on the file of the Court of the Principal Sessions Judge, Ranga Reddy District at L.B.Nagar.
Between:
Mohammed Khan Sami Ullah Khan, S/o Mohammed Safiullah Khan, Aged 46
yr.s, gcc. Designer, Fl/o H.No.3-53iB, Aditya Nagar, Hafeezpet, Ranga Reddy District.
,.REVISION PETITIONER
AND
Counsel for the Petitioner : Mr. P. Rana Kamalasan Counsel for the Respondent No. 5 : Mr. M. Ramachandra Reddy Additional Public Prosecutor
1. Syed Asif, S/o Late Syed Ghouse, aged 40 yrs, occ. Contractor, R:/o H.No.2- 49i 1/9, Khanamet, Muslim Basti, Madhapur, Serilingamplly Mandal, Ranga Reddy Diskict.
2. Syed Feroz, S/o Late Syed Ghouse, aged 41 yrs, occ. Business, Rl/o H.No. 2- 49/1B, Nac Raod, Near Ghousia lVlasjid, Khanamet, Madhapur, Serilingampally Mandal, Ranga Reddy District.
3. Syed Afroz, S/o Late Syed Ghouse, aged 37 yrs, occ. Mobile Shop, R/o H.No.2-49118, Nac Road, Near Ghousia lMasjid, Khanapet, Madhapur, Serilingampally Mandal, Ranga Reddy District.
4. Syed Jaffar, 9/o Late Syed Ghouse, aged 31 yrs, occ. Mobile Shop, Rl/o H.No. 2-4911B, Nac Road, Near Ghousia Masjid, Khanapet, Madhapur, Serilingampally Mandal, Ranga Reddy District.
5. The Stats of Telangana, Rep. by its Public Prosecutor, High Court for the State of Telangana, through P.S. Madhapur
...RESPONDENTS
The Court made the following: ORDER
IN THE HIGH COURT FOR THE STATE OF TEL! NGANA
AT HYDERABAD
THE HONOURABLE SMT. JUSTTCE JUWADT ! RtpEVt CRIMINAL REVISION CASE No.959 of 2Cj 9
16 DECEMBER 2025
Behareen:
lVlohammed Khan Sami Ullah Khan
Pe t tioner
AND
Syed Asif and four others
Res 5 ondents
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:ORDER:
Challenging the order, dated 13.08.2025 passed in Crl.M P No 3T of 2025 in Criminal Appeal S.R.No.3t' of 2025 by the learned Principal Sessions Judge, Ranga Reddy _ istrict at L.B. Nagar, the petitioner filed this Criminal Revision Case
2. Heard [\,4r. P.Rana Kamalasan, learned cori rsel for the petitioner and [\4r. [i/.Ramachandra Reddy, learned Acc itional public Prosecutor appearing for respondent No.S-State )erused the record.
3. Case of the petitioner is that he has lodged ,t complaint against respondent Nos.1 to 4-accused Nos.1 to 4. Eirsing on the said complaint, the Police have registered a case in Cr.i ne No..1004 o't 2024 for the offences punishable under Section 11S (1) r/w. 3(S) of BNS, 2023 and taken up investigation. After cc mpletion of investigation, charge sheet was filed against respondent Nos.1 to 4-accused Nos.'l to 4 before the Court of ll Additional Junior Civil Judge-cum-X Judicial Magistrate of First Class, Ranga Reddy District at Kukatpally (for short 'trial Court'), the same was taken cognizance and numbered as C.C.No.311'1 o'f 2024 for the aforesaid offence. Despite the petitioner being the vtctim, without issuing any notice to him, by judgment, daled 14.12.2024, the learned Magistrate convicted respondent Nos.'l to 4-accused Nos.1 to 4 for the lessor offence and imposed a fine of Rs.2,5001 each for the offence under Section 122 of BNS, 2023 Aggrieved, the petitioner filed a Criminal Appeal along with Crl.M.P No.37 of 2025 under Section 5 of the lndian Limitation Act, 1963 seeking to condone the delay of nine days in preferring the Appeal. However, the learned Sessions Judge, by order dated 13.08.2025, dismissed the application filed for delay condonation on the ground that the reason stated by the petitioner for the delay'in preferring Appeal that he had no knowledge about the case proceedings cannot be accepted. Aggrieved further, the present Criminal Revision Case is filed.
4. Learned counsel for the petitioner submitted that the petitioner was not aware of the filing of the charge sheet by the lnvestigating Officer and the trial Court has disposed of the matter J / -_4
\
i on 14.12.2024 without issuing any notice to him. Orr knowing the same on 14.12.2024, the petitioner immediately applie I for certified copy of the jucigment, however, the same *Ls supp i 'd to him on 2201 2025 l-lence, the period belween the date cl filing of the copy application, and the date, on which, the copres were made ready, is liable to be excluded, while computing I e period of limitation. The present appeal was filed on 09.() 1.2025, and therefore, there was a delay of only nine days in pr :senting the Appeal, which was neither intentional nor deliberate f he learned Sessions Judge failed to properly consider the reason put forth by the petitioner for the delay and mechanically dir missed the application filed for condonation of delay. Hence, r: prayed to allow the revision by setting aside the impugned rrder, dated 13 08 2025.
5. Considering the submissions made by the lear ted counsel for the petitioner explaining the cause for the dela,r in filing the Criminal Appeal and in the interest of justice, this C: _r rt deems it appropriate to give one more opportunity to the petitioi:r to contest the matter.
6. ln view of the above, the impugned or( er, dated 13 08.2025 passed in Crl.M.P.No.37 of 202b in Criniral Appeal { {
\\ S.R.No.377 of 2025 by the learned principal Sessions Judge, Ranga Reddy, District at L.B. Nagar, is hereby set aside and the delay of nine days in filing the Criminal Appeal is condoned. The Office of the Court of Principal Sessions Juflge, Ranga Reddy District at L.B. Nagar, is directed to number the Criminal Appeal forthwith, so as to enable the learned Sessions Judge to proceed with the matter
7. Accordingly, this Criminal Revision Case is allowed Pending miscellaneous applications, if any, shall stand closed SD/. MOHD. ISMAIL DEPUry REGIslAR //TRUE COPY// CTION OFFICER a To,
t. The Principal Sessions Judge, Ranga Reddy District at L B Nagar' Z. tio CCs to the public Prosecutor, State of Telangana, High Court Buildings' at Hyderabad (OUT)
3. One CC to Mr. P. Rana Kamalasan, Advocate [OPUC]
4. Two CD CoPies D .-41
.:\ /.,. .,. /._. J l,,:l -\. I + .r' : =:--::={_ : iiE ST,1's-r::' 0Ei; i[25 I rparcrltc: " a:ua,r-- '' o HIGH COURT JS, J DATED:1611212025
ORDER
CRLRC.No.959 of 2025 * ALLOWING THE CRIMINAL REVISION CASE I I : I