State's appeal against an acquittal with a delay-condonation application was dismissed because the appellant failed to file proof of service of personal notice on the respondent as directed by the court.
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[3251 I
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
FRIDAY, THE TWENW FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL APPEAL NO: 2't5 OF 2025
Appeal under Section 378(3) & (1) of Cr.P.C against the judgment dated 19.11.2013 passed in S.C.No.S1B of 2012 on the file of the court of the Assistant Sessions Judge, Narayanpet.
Between:
The State of Telangana, Rep. by The Public Prosecutor, High Court at Hyderabad.
...PETITIONER/APPELLANT
AND
Keshavulu, S/o. Laxmaiah, age 46 years, Record Assistant ZPHS, Sarjakhanpet, Vepur Village, Hanwada Mandal.
...RESPONDENT/RESPONDENT
l.A. NO: 1 OF 201S(CRLAMP. NO: 1831 OF 2015)
Petition under Section 5 of Limitation Act praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to condone the delay of "5Bl days" in presenting the Criminal Appeal against S.C. No.51 B o'f 2012 on the file of Assistant Sessions Judge, Narayanpet dated 1 9- 1 1-201 3
Counsel for the Appellant: PUBLIC PROSECUTOR
Counsel for the Respondent: ------
The Court delivered the following: JUDGMENT
THE HON'BLE SRI JUSTICE K.SURENDER
I.A.No.1 Or. 2015 IN AND CRIMINAL APPEAL NO.215 OF 2025
COMMON JUDGMENT:
This Court, by order, dated 23.O3.2016, ih I.A.No.1 of 2015, directed the appellant to take out personal notice to the respondent and file proof of service. TiIl date, neither proof of service nor proof of sending the notice is filed pursuant to the direction of this Court.
SD/,.K SAILESHI DEPUTY REGISTRAR
//TRUE COPY//
SECTION OFFICER
To,
'2017 {2)ALD {Crl.) 984
HIGH COURT
DATED:2410112025
JUDGMENT
CRLA.No.215 of 2025
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Cas Pr\T c\rtij
DISMISSING THE APPEAL AND I.A.
0
26
1 issue framed by the court
Whether the delay-condonation application could proceed when proof of personal service of notice on the respondent was never filed despite directions.
Colour shows how this judgement treated each authority
Syam Dondiga v. State of Andhra PradeshRelied on
2017 (2) ALD (Crl.) 984
2 provisions across 2 enactments
The State of Telangana, Rep. by The Public Prosecutor
Keshavulu S/o Laxmaiah
K.Surender
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
