PUBLIC PROSECUTOR HIGH COURT HYDERABAD Vs. PURUSHOTTAM REDDY

JUDGEMENT

(1.) The appeal is sought to be filed by the State represented by the Public Prosecutor questioning the orders of acquittal passed by the IV Additional Metropolitan Sessions Judge, Hyderabad in S.C.No. 69/95 on 28-6-96, and Crl.M.P. 5163/97 is filed for condoning the delay of 337 days involved in presenting the said appeal.

(2.) The respondent herein was the accused in S.C. 69/95 on the file of the IV Metropolitan Sessions Judge, Hyderabad and after the trial of the case was over, the accused was acquitted by the Judgment dated 28-6-96. Subsequently the State has chosen to file the present Appeal on 17-9-97 against the orders of acquittal. As there was delay of 337 days involved in filing the appeal, the State has filed Crl.M.P.5163/97 for condoning such delay. The petition for condoning the delay is supported by an affidavit given by the Detective Sub- Inspector of Police, Begumpet Police Station, Secunderabad. The reasons urged in the affidavit for such delay are that after the judgment was pronounced on 28-6-96 by the lower Court, a copy application was made for obtaining the certified copy of the judgment on 1-7-96 in copy application No.5900/96 and copy stamps were called for on 19-7-96 and the copies were delivered on the same day and the judgment copy was submitted to the Commissioner of Police, Hyderabad City for obtaining opinion of the Additional Public Prosecutor and after the permission was obtained, the appeal was filed on 17-9-97 and that the delay is not intentional and the delay may be condoned.

(3.) Notice was issued to the respondent/accused in the said petition filed for condoning the delay and the respondent is represented by an Advocate. Heard both sides.