STATE OF A.P. Vs. SYED MOHAMOOD SAEED

JUDGEMENT

(1.) The points that arise for determination in this case are:

(2.) The factual matrix of the case is thus:

(3.) Grounds of appeal were filed on 04.06.2011. However it appears, the State has not filed mandatory petition under Section 378(3) Cr.P.C. seeking leave of the High Court to prefer appeal along with grounds of appeal. Hence the appeal was returned on 20.06.2011 by the Registry with an endorsement "all requirements to be complied". Ten days time was granted for compliance. While so, the appellant kept silent till 23.12.2011 and complied the file on 23.12.2011 with a delay of 176 days. He filed Crl.A.M.P. No. 42 of 2012 to condone the delay of 176 days in representing the appeal. Subsequently, he filed Crl.A.M.P. No. 105 of 2012 in terms of Section 378(3) Cr.P.C. on 20.01.2012 seeking leave of this Court for filing appeal.