D.A.DEEPA Vs. STATE OF A.P.

JUDGEMENT

(1.) The defacto complainant filed the present appeal against Respondents 2 to 4/ Accused 1 to 3, aggrieved by the acquittal of the respondents 2 to 4 for the offences under Ss. 4 and 6 of Dowry Prohibition Act and Respondents 3 and 4 under Sec. 498-A of IPC, vide judgment dtd. 24/6/2008 in CC No.62 of 2002 passed by the XIII Additional Chief Metropolitan Magistrate, at Hyderabad (for short, the 'Magistrate').

(2.) The appeal is of the year 2008 and the complaint is of the year 24/1/2000 registered by CID, Hyderabad. Though the appeal was listed on earlier occasions, none appeared for the appellant as seen from the proceeding sheet, as such the learned Assistant Public Prosecutor is heard and appeal is being disposed off.

(3.) The learned Assistant Public Prosecutor firstly submits that the appeal itself is not maintainable for the reason of the judgment being delivered XIII Additional Chief Metropolitan Magistrate and the appeal lies to the Sessions Court under Sec. 372 of Cr.P.C. Proviso to Sec. 372 of Cr.P.C was inserted by the Act No.5 of 2009 with effect from 31/12/2009 as such the amendment is not applicable. This appeal which is pending for the past 14 years is disposed off on merits.