Allowed¶35

Peteti Laxmi v. The State of Telangana

Telangana HC3 Sept 2025CRLA/909/2025

Case brief

AI extract

What is this about?

Telangana High Court (Hyderabad), Smt Justice K. Sujana, Crl.A. No. 909 of 2025, decided 03-09-2025: appeal under Section 419(4) BNSS by complainant Peteti Laxmi against dismissal of her S. 200 Cr.P.C. complaint (against accused Bhandari Aniaiah) for non-payment of process fee despite conditional order; cause of default cited as shifting of court building; docket order dated 27-06-2024 in STC No. 1455 of 2022 set aside and appeal allowed. Keywords: restoration of complaint dismissed in default of process fee; docket order; procedural default excused; XII Additional JMFC Kukatpally.

What did the court decide?

Docket order dated 27.06.2024 in STC.No.1455 of 2022 (XII Additional Judicial Magistrate of First Class, Medchal-Malkajgiri District at Kukatpally) set aside, restoring the appellant/complainant's complaint for further proceedings.

Peteti Laxmi Vs The State of Telangana — Telangana HC (2025) — LawSathi Research

¶1

[³³⁸⁵ ]

¶2

IN THE HIGH COURT^{FOR THE STATE OF TELANGANA} AT HYDERABAD

¶3

WEDNESDAY. THE THIRD DAY^{OF SEPTEMBER} TWO THOUSAND AND TWENW^FIVE

¶4

PRESENT

¶5

THE HONOURABLE SMT JUSTICE^{K. SUJANA}

¶6

CRIMINAL APPEAL NO: 909 OF²⁰²⁵

¶7

Appeal under Section^{419(4)of BNSS against the orderdated27-06-2024} in sTC No. 1455 0f 2022^{0n the file of the court of the xll AdditionalJudi,cial} Magistrate of First Class^{Medchal-Malkajgiri District at Kukatpally'}

¶8

Between:

¶9

Peteti Laxmi Wo. Peteti^{BhaskarAgedabout 58 years,Occ. Housewife-R/o-'} H No.2-22-14212, Flat^{No. 203,SeIONPark View apartments, Opp HUDA} Park, Vijayanagar Colony,^{Kukatpally, Hyderabad- 500072}

¶10

...APPELLANT/COMPLAINANT

¶11

AND

¶12

'1 . The State of Telangana, Rep. by P.P High Court at Hyderabad Through P'S KukatpallY

¶13

...RESPONDENT No.¹

¶14

Bhandari Aniaiah, S/o.^{Jammaiah,Aged Major,.Occ. Business,R/o H No' 5-}

¶15

et, VanOapuram Village, Valigonda Mandal, Yadadri-Bhuvanagiri District

¶16

...RESPONDENT No. 2/ACCUSED

¶17

Counsel for the Appellant:^{Sri L. Harish}

¶18

Counsel for the Respondent^{No.1: Sri D. ArunKumar,} Additional Public Prosecutor

¶19

The Court delivered the following:^JUDGMENT

I I

I t

THE HONOURABLE SMT JUSTICE K. SUJANA

¶24

CRIMINAL APPEAL N0.9()9 0F 2025

¶25

JUDGMENT:

¶26

This criminal appeal is hted by the appellant/complainant praying 1.his Court to set aside the order d.ated, 27.06.2024 passed ir STC.No.1455 of 2022 by the XII_ Additional Judicial Magistrate of First Class, Medchal_Malkajgiri District at Kukatpall1,.

¶27

2 Hearcl Sri L.Harish, learned counsel for the appellant and Sri D.Arurr Kumar, learned Additional hrblic prosecutor appearing fcrr the respondent No. 1_State.

¶28

The contention of learned counsei for the appellant is that the trial Court dismissed the complaint filed under Section 200 of Cr.P.C, by the complainant on the ground that there is no representa.tion on behalf of the complainant and process not paid insprte of conditional order. The further contention of learned counsel for the appellant is that due to shifting of the Court building, the complainant could not pursue the same and in confusron, she has not paid the process which is not

i i I i : ! I I t

deliberate. As such,^{requestedthis Court to set asidethe} docket order by allowing^{this appeal.}

¶34

Having regard to the submissions^{made by the learncd} counsel for the appellant,^{itis seen that the complaintwas} dismissed on the^{ground that process was not paid'The reason} explained for not^{payingthe process was due to shifting of} Courts, appeiiant^{could not pay the processand that there are} good grounds to succeed^{inher complaint'Consideringthe} same, the docket^{order dated 27 -06} '2024^passedin STC.No.1455 of^{2022 by the XII- AdditionalJudicial Magistrate} of First Class,^{Medchal-MalkajgiriDistrict at Kukatpally is liable} to be set aside.

¶35

Accordingly, the^{CriminalAppeal is allowed setting aside} the docket order^{dated 27 .06.2024 passed in STC'No' 1455 of} 2Cl22 by the XII^{AdditionalJudicial Magistrate of First Class,} Medchal Malkajgiri^{District at Kukatpally'}

¶36

Miscellaneous petilions,^{ifany, pending shallstand}

closed.

//TRUE COPY//

Sd/- B. SATYAVATHI JOINT REGISTRAR

¶41

SECTION OFFIGER

¶42