This Court dismissed a Criminal Appeal filed by the de facto complainant against an acquittal, holding it liable for dismissal due to failure to obtain mandatory leave to appeal as mandated by precedent.
The Criminal Appeal was dismissed on the ground of incurable defect due to failure to obtain leave to file the appeal.
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HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND
HON’BLE SRI JUSTICE T.AMARNATH GOUD
Crl.A.No.1185 of 2011
Date:28.8.2018
Between: T.Nagalakshmamma, W/o Late Ramanaiah
.....Appellant
And: 1.Gemedi Seenaiah, S/o Ramanaiah. 2.The State, reptd., by the Public Prosecutor, Hyderabad. .....Respondents Counsel for the appellants: Mr. G.Vijaya Saradhi Counsel for respondent No.1: Mr. V.Roopesh Kumar Reddy Counsel for respondent No.2: Public Prosecutor for the State of AP
The Court made the following:
CVNR, J & TA, J CrlA.No.1185 of 2011 Dt:28.8.2018
2
JUDGMENT: (per Hon’ble Sri Justice C.V.Nagarjuna Reddy)
This Criminal Appeal is filed by the de facto complainant against the acquittal of respondent No.1-the sole accused in Sessions Case No.410 of 2010 on the file of the IV Additional District and Sessions Judge, Nellore, vide judgment, dated 19.8.2011.
At the hearing, Mr. G.Vijaya Saradhi, learned counsel for the appellant, fairly conceded that the appellant has not sought and secured leave from this Court for filing this Criminal Appeal, which is held mandatory by the Apex Court in Satya Pal SinghV s State of M.P. and Ors1 .
In view of the incurable defect on account of the failure on the part of the appellant to obtain leave from this Court, the Criminal Appeal is liable to be dismissed on this ground alone.
The Criminal Appeal is accordingly dismissed.
_____________________________ JUSTICE C.V.NAGARJUNA REDDY
__________________________ JUSTICE T.AMARNATH GOUD
28th August, 2018 DR
1 (2015) 15 SCC 613
1 issue framed by the court
Whether a Criminal Appeal filed without obtaining requisite leave from the Court is maintainable.
Colour shows how this judgement treated each authority
Satya Pal Singh Vs State of M.P. and OrsFollowed¶13
1 (2015) 15 SCC 613 · Who else cites this
1 provisions across 1 enactments
T. Nagalakshmamma
Gemedi Seenaiah
The State
C.V. Nagarjuna Reddy
T. Amarnath Goud
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
