High Court of Telangana set aside a dismissal of a criminal appeal for default under Order II Rule 3 of C.R.P. cert Procedure, directing the Principal District Judge to dispose of the appeal after hearing parties.
Criminal Revision Case disposed of; Order dated 12.04.2023 set aside; PCJ ordered to dispose of appeal after hearing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
TUESDAY,THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTYTHREE
PRESENT
THE HONOURABLE SMT. JUSTICE G.ANUPAMA CHAKRAVARTHY
CRIMINAL REVISION CASE NO: 4350F 2023
Revision filed under Section 397 and 401 of Cr.P.C., aggrieved by the order dt.12-O4-2O23, passed in Crl.A.No.'t9 of 2019, on the file of the Principal District Judge, Suryapet.
Between:
Shaik Abdul Raheem, S/o Shaik Hussain, Aged about 44 years, Occ: Private Employee, R/o Kodad Town, Suryapet District.
...PETITIONER/APPELLANT/RESPONDENT IN DVC
ANO
..RESFONOENTS/RESPONDENTS/PETITION ERS
lA NO: 1 OF 2023
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay of operation of the order dt.12-O4-2O23,passed in Crl.A.No.19 of 20'19, on the file oF the Principal District Judge, Suryapet,including the order dt. 06-12-2018, in Crl.M.P.NO. 284 of 2018, in D.V.C.No. 04 ol 2018, on the file of Principal Judicial First Class Magistrate at Kodad.
Counsel for the Petitioner :SRl. G SUNDARESAN
Counsel for the Respondent No.{ .: ASSISTANT PUBLIC PROSECUTOR
Counsel for the Respondent Nos 2 & 3 : NONE APPEARED
: ORDER The Court made the following
I i I jr i' i I : : l. I I I I I I 1 :
HON'] ILE SMT. JT'STICE G. ANUPAMA CHI.KRAVARTHY ti8% 435 (lI' 2Ot23
Q&DE8:
Thi ; Oriminal Revision Case is filed r:halle r1:ing the docket orrler, <la ,=ct_ j2.O4.2O23 passed in Crl.A.lVo.lg ,: | 2()19 bv the Principat .)ir;trict Judge ar Suryapet.
, Dor:l r:t order dated 12.O4.2023 is a t,rzo lir:r:611s1, rvhj6fi reads as Ib lo ws: _
"lloth parties called absen t no re[)r s -'ntation even from appellan: sick:. The ma t t:r i I posted as last chance. .llence , this appt :rJ is dismissed for default..
2
6 With the abovedirection, the CriminalRevision Case is disposed of
Pending miscellaneousapplications, ifany, shallstand closed.
Sd/. K. SAILESHI DEPUW REGISTRAR
//TRUE COPY//
GD
SECTION OFFICER
To,
pcsd
NJB
Pn 4.
HIGH COL RT
DATED:18'0712023
ORDER
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CRLRC.Nc ,.435 of 2023
DISPOSING OF'HE CRIMINAL REVISION CASE
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1 issue framed by the court
Whether the crimpal appeal dismissal by default is sustainable given pending adjudication under Criminal Rules of Practice.
Colour shows how this judgement treated each authority
Criminal Rules of PracticeRelied on¶28
1 provisions across 1 enactments
Shaik Abdul Raheem
State of Telangana
Shaik Shakeela
Shaik Karishma
G. Anupama Chakravarthy
K Saileshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
