The High Court · 2025

Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings in CRLA NO. 8/2025 on the file of the court of I Addl District and Sessions Judge at Gogavarikhani so far as to petitioner accused no 1,2, 4 to 7 are concerned including their appearance pending disposal of CRLP. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri THIMMARAJU RAMCHANDRA RAO, Advocate for the Petitioner and Sri Jithender Rao Veeramalla, the Additional Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No.2. The Court made the following: ORDER : .:!l: THE HON'BLE SMT. JUSTTCE TIRUMALA DEVI EADA CRIMINAL PETITION No.8708 OF 2025 ORDER: This Criminal Petition is filed by the petitioners-accused Nos.1 , 2 and 4 to 7 seeking to quash the proceedings against them in Crl.A.No.B of 2025 pending on the file of learned I Additional District and Sessions Judge, Godavarikhani

2. Heard Sri Thimmaraju Ramchander Rao, learned counsel for the petitioners and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1-State

3. Learned counsel for the petitioners submitted that the offences alleged against the petitioners were under Sections 498A, 494 and 506 (ii) of l.P.C. and Sections 3 and 4 of the Dowry Prohibition Act. The case vide C.C.No.499 of 2007 before the trial Court ended in acquittal vide judgment, dated 20.01.2025, and that the said judgment was delivered after a full-fledged trial and on evaluation of the entire evidence on record. He further submitted that against the said judgment, dated 20.01.2025, the State has not preferred any appeal, but the de facto complainant has preferred the present appeal before the Sessions Court, which is not maintainable. He, therefore, prayed I to quash the proceedings in the present criminal Appeal against the 2 ETD,J Crl.P No 8708 of 2025 petitioners herein 4 Learned Additional pubric prosecutor has submitted to pass appropriate orders in the Criminal petition

5. Perused the record

6. The arguments of the learned counsel for the petitioners are that an appeal against an acquittal order can be preferrecl by the state Government and in case, the de facto complainant intends to file an appeal, he has to seek leave of the High Court anrl then only, an appeal can be filed, that too, the said appeal shall lie to the High court.

7. section 378 of cr.p.c. is extracted hereunder for the sake of reference "378. Appeal in case of acquittal _ (1) lSave as othenruise provided in sub-section (2), and subject to the provisions of sub-sections (3) and (5), - (a) the District lvagistrate may, in any case, direct the Public Prosecutor to present an appeal to the court of session from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence; (b) The State Government may, in any case, direct the Public Prosecutor to present an appeal to the High court from an original or appellate order of an acquittal passed by :1v'. I I \ \ I I I I i! i I I 3 ETD,J Crl.P.No.8708 of 2025 any Court other than a High Court not being an order under clause (a) or an order of acquittal passed by the Court of Session in revision. (2) lf such an order of acquittal is passed in any case in which the offence has been investigated by the Delhi Special Police Establishment constituted under the Delhi Special Police Establishment Act, 1946 (25 of 1946) or by any other agency empowered to make investigation into an offence under any Central Act other than this Code, the Central Government may, subject to the provisions of sub- section (3), also direct the Public prosecutor to present an appeal - (a) to the Court of Session, from an order of acquittal passed by a [\Iagistrate in respect of a cognizable and non- bailable offence; (b) to the High Court from an original or appellate order of an acquittal passed by any Court other than a High Court not being an order under clause (a) or an order of acquittal passed by the Court of Session in revision. (3) No appeal to the High Court under sub-section (1) or sub-section (2) shall be entertained except with the reave of the High Court. (4) lf such an order of acquittal is passed in any. case instituted upon complaint and the High Court, on an application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court. I \ I ; I I I I i i.f ETD.J Crl.P.No.tt708 of 2025 (5) xxx (6) xxx" B. The present case falls under section 378(4) cr.p.c., whereunder against an order of acquittal, the de factct complainant can prefer an appeal provided special leave is granted by the High court. But, in the present case, the de facto complainant has direcly filed criminal Appeal before the sessions court and it is numbered as crl.A.No.B of 2025, which is against the statute itself. Thus, crl.A.No.B of 2025 is not maintainabre in the eye of law. Herrce, the present Criminal Petition deserves to be allowed.

9. Accordingly, the present criminal petition is allowed and the proceedings in Crl.A.No.B of 2025 on the file of learned I Additional District and sessions Judge, Godavarikhani, are h:reby quashed against the petitioners-accused Nos.1 , 2 and 4 to T. Miscellaneous Petitions pending, if any, shall stand closed //TRUE COPY/ SD/. P PONNA KRISHNA ASSISTANT REGISTRAR 6 SECTION OFFICER To, I at Manthani

1. The I Addl. District and sessions Judge, at Godavarikhani, 2' The lAddl. Junior civil Judge cum InJot. .luoiciir Gfistrate of First ctass, 3' Two CCs to the PUBLIC PROSECUTOR, Higtr Court at Hyderabad. (oUT) 4. ONE CC tO SRI THIMMARAJU RAMCHAND'RA RAO AdV;"G IOPUCI s. rwo CD Copies I W - I TPK/PSL r. .:: r.1-:i":.,.r"..-l-T::I:t4-T1..',+::-: T.lTaIZTTa_.r_=_f .?.ii?ffi :' 1146tr16{ijil HIGH COURT DATED=2911012025 ORDER CRLP.No.87 8of2 2s 0 I-1 1xE Sla ) 21tl0U Ur .OATC t CRIMINAL PETITION IS ALLOWED @ \\ \