APHC010325592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ■a;i WEDNESDAY,THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL APPEAL NO: 459 OF 2Q2fi Appeal under Section 374(2) of Cr.P.C, aganist the judgment dated 26.03.2025 passed in S.C No.499 of 2023 by the court of Assistant Sessions Judge, Mangalagiri. Between: Thagarapu Nagaraju, S/o.Durga Rao, age 30 years, r/o. 22nd lane, Mahanadu, Tadepalli Town And Mandal, Guntur District, A.P. ...APPELLANT/ACCUSED AND 1. The State of Andhra Pradesh rep. By its Public Prosecutor,High Court of A.P., High Court Buildings, Nelapadu, Amaravathi, Guntur District. 2. Goda Nireekshana, W/o. Apparao R/o.Indiramma Colony, Kolanukonda village, Tadepalli Mandal,Guntur District. ...RESPONDENT/COMPLAINANT lA NO: 2 OF 2025 Petition under Section 389(1) of Cr.P.C & 430(1) of BNSS in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the Conviction imprisonment of the appellant passed in S.C.No.499 of 2023 by the Court of praying that and sentence of / / the Assistant Sessions Judge, Mangalagiri dated 26-03-2025 and enlarge the petitioner on bail pending disposal of the appeal. Counsel for the Appellant Counsel for the Respondents : ADDITIONAL PUBLIC PROSECUTOR The Court made the following : / / / / : SRI P A SESHU / APHC010325592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL APPEAL NO: 459/2025 ■a [3368] Between: 1.THAGARAPU NAGARAJU, S/O.DURGA RAO, AGE 30 YEARS, R/0. 22ND LANE, MAHANADU, TADEPALLI TOWN AND MANDAL, GUNTUR DISTRICT, A.P. ...APELLANT AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR,HIGH COURT OF A P HIGH COURT BUILDINGS, GUNTUR DISTRICT. NELAPADU, AMARAVATHI 2.GODA NIREEKSHANA, W/0. APPARAO R/O.INDIRAMMA TADEPALLI COLONY,KOLANUKONDA VILLAGE, MANDAL,GUNTUR DISTRICT. ...RESPODENT(S): Appeal under Section 372/374(2)/378(4) of Cr.P.C praying that the High Court may be pleased to call for the records and set-aside the conviction and sentence imprisonment and fine of the appellant dated 26-03-025 passed in S.C. No.499 of 2023 by the learned Assistant Sessions Judge, Mangalagiri and acquit the appellant/accused and allow the Appeal in the interest of Justice and pass 2 lA NO: 1 OF 2025 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 condone the delay of 35days in filing the present criminal Appeal against the judgment dated 26-03-2025 passed in S.C.No.499/2023 by the court of the Assistant Sessions Judge, Mangalagiri and receive the appeal in the interests of justice and pass lA NO: 2 OF 2025 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 suspend the Conviction and sentence of imprisonment of the appellant passed in S.C.No.499 of 2023 by the Court of the Assistant Sessions Judge, Mangalagiri dated 26-03-2025 and enlarge the petitioner on bail pending disposal of the appeal in the interest of justice and pass Counsel for the Appellant; 1.P ASESHU Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR €ir- 3 the honourable SRI JUSTICE B.V.L.N. CHAKRAVARTHI CRIMINAL APPEAL NO: 459 nf onoK The Court made the following Judgment: Heard Sri P.A.Seshu, learned counsel for the learned Additional Public Prosecutor appellant and representing the State. 2. Learned Additional Public Prosecutor the appeal is not maintainable before the would contend that High Court, in view of Section 372 of the Code of Criminal Procedure Cr.P.C.), corresponding to Section 1973 (In short 413 of Bharatiya Nagarik Suraksha Sanhita, 2023 (In short B.N.S.S.). 3. The appeal is preferred by the accused aside the order of conviction S.C.No.499 of 2023 Judge, Mangalagiri, wherein the (07) years was imposed to the petitioner. seeking to set dated 26.03.2025 passed in on the file of the learned Assistant Sessions maximum sentence of seven 4. The petitioner was tried for the offence Sections 498A and 307 Indian Penal Code, punishable under 1860 (in Short I.P.C.). 5. The crux of the matter is: “Whether the appeal should be Sessions Court or the High Court? preferred before the 4 The relevant provision of law is proviso to Section 372 Cr.P.C., which is corresponding to Section 413 of BNSS, 2023. It 6. speaks that: “No appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court.” Therefore, we shall refer Sections 373 and 374 of Cr.P.C., which is correspondence to Sections 414 and 415 of BNSS, 2023 wherein it is provided that: Section 373 Cr.P.C.,: : Any person, 1. who has been ordered under section 117 to give security for keeping the peace or for good behaviour, or 2. who is aggrieved by any order refusing to accept or rejecting a surety under section 121, may appeal against such order to the Court of Session; Provided that nothing in this section, shall apply to persons the proceedings against whom are laid before a Sessions Judge in accordance with the provisions of Sub-Section (2) or Sub-Section (4) of section 122. ” Section 374 Cr.P.C. “ 1. Any person convicted on a trial held by a High Court in its extraordinary original criminal jurisdiction may appeal to the^Sujpreme Court. 5 2. Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge on a trial held by any other court in which a sentence of imprisonment for more than seven years [has been passed against him or against any other person convicted at the same trial], may appeal to the High Court. or Save as otherwise provided in sub-section (2), any person, - (a) convicted on a trial held by a Metropolitan Magistrate or Assistant Sessions Judge or Magistrate of the first class, or of the second class, or (b) sentenced under section 325, or (c) in respect of whom an order has been made sentence has been passed under section 360 by any Magistrate, may appeal to the Court of Session. ” 3. or a 7. In the light of above provisions, the maximum sentence imposed by the trial Court in the present case for the offence U/s.307 I.P.C., shall be considered, for the purpose of deciding the Court, before which the appeal shall be preferred. 8. The maximum sentence imposed by the trial Court in the case on hand is seven (07) years only. In that view of the matter. Section 374(3) Cr.P.C., corresponding to Section 415(3) of BNSS, 2023, would apply to 9. 6 the case on hand. Hence, the Appeal shall be preferred before the Court of Sessions only. Accordingly, the point is answered. 10. Registry is directed to return the grounds of Appeal along with the original bundle to the appellant for presenting the Appeal before the Court of Sessions concerned, as per law. 11. Accordingly, the Criminal Appeal is disposed of with a liberty to the appellant to present an Appeal before concerned Appellate Court. No order as to costs. As a sequel thereto, interlocutory applications, if any, pending shall stand closed. SD/- S.V.S.R. MURTHY JOINT REGISTRAR //%r //TRUE COPY// SECTION OFFICER To, 1. The Assistant Sessions Judge, Mangalagiri, Guntur District 2. The Additional Judicial Magistrate of First Class, Mangalagiri, Guntur District 3. The Superintendent, Central Prison, Nellore, SPSR Nellore District 4. The Station House Officer, Tadepalli Police Station, Guntur District 5. One CC to Sri. P A Seshu Advocate [OPUC] 6. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh at Amaravathi [OUT] 7. The Section Officer, New Filing Section, Criminal Wing, High Court of Andhra Pradesh at Amaravathi 8. The Section Officer, Criminal Section, High Court of Andhra Pradesh at Amaravathi 9. Two CD Copies stu TAC HIGH COURT DATED:13/08/2025 JUDGMENT CRLA NO. 459 OF 2025 g( 0 9SEP20a \n ntSwtionx^^ <>» DISPOSING OF THE CRIMINAL APPEAL