APHC010105412023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 0;i'0 0 WEDNESDAY,THE SIXTEENTH DAY OF JUL\i TWO THOUSAND AND TWENTY FIVE PRESENT the honourable SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL APPFAl NO. 217 0F7n?-i Appeal under Section 372 of Cr.P.C aggrieved by the Judgment dated. 14-12-2022 passed in C.C. No 957/2019 Metropolitan Magistrate, at Visakhapatnam, Visakhapatnam Between: on the file IV Additional Chief District Smt. Yanamareddy Hemalatha, W/o.Venugopal Reddy Aged Housewife Peda Waltair, Visakhapatnam. . 37 years. Occ . ...APPELLANT/DEFACTO/COMPLAINANT AND 1. Yanamareddy Venkata Reddy, S/o Narayana Reddy. Business, Visakhapatnam. Aged. 57 years, Occ. Kagithalavari Veedhi R/o. D. No.4-27-15, Bazar Street 2. Smt Yanamareddy Ratnam, W/o.Venkata Housewife Visakhapatnam. 3. The State of Andhra Pradesh, rep By its Public Prosecutor, High Court of AP At Amaravathi. Reddy Aged . 49 years. Occ Kagithalavari Veedhi, R/o. D. No.4-27-15, Bazar Street, ...RESPONDENTS/ACCUSED w 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 Grant of Leave to Appeal against the Judgment, dated 14-12-2022 passed C.C. No 957/2019 acquitting the Accused on the file of the Hon'ble IV Additional Chief Metropolitan Magistrate, at Visakhapatnam. Counsel for the Petitioner SRI K B RAMANNA DORA in : SRI SRINIVAS CHALLA REPRESENTING Counsel for the Respondents : NONE APPEARED Counsel for the Respondents : PUBLIC PROSECUTOR (AP) The Court made the following JUDGMENT : APHC010105412023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] WEDNESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL APPEAL No: 217/2023 Between; 1.SMT. YANAMAREDDY HEMALATHA, W/O.VENUGOPAL REDDY AGED 37 YEARS. OCC HOUSEWIFE PEDA WALTAIR, VISAKHAPATNAM. ...APPELLANT AND 1.YANAMAREDDY VENKATA REDDY, S/0 NARAYANA REDDY, AGED. 57 YEARS, OCC. BUSINESS, R/0. D. NO.4-27-15, BAZAR STREET, KAGITHALAVARI VEEDHI, VISAKHAPATNAM. 2.SMT YANAMAREDDY RATNAM, W/O.VENKATA REDDY AGED . 49 YEARS. OCC .HOUSEWIFE R/0. D. NO.4-27-15, BAZAR VISAKHAPATNAM. KAGITHALAVARI VEEDHI, STREET, 3.THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR, HIGH COURT OF AP AT AMARAVATHI. ...RESPODENT(S): Counsel for the Appellant: 1.K B RAMAN NA DORA Counsel for the Respondent(S); 1. PUBLIC PROSECUTOR (AP) 2. The Court made the following: 7 t '• THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI CRIMINAL APPEAL No: 217/2023 JUDGM E N T: Heard Sri Srinivas Challa, learned counsel representing Sri K.B.Ramanna Dora, learned counsel for the appellant and learned Additional Public Prosecutor representing the State. 2. The learned Additional Public Prosecutor would contend that the appeal is not maintainable before the High Court in view of section 372 Code of Criminal Procedure, 1973 (In short Cr.P.C.), corresponding to section 413 of Bharatiya Nagarik Suraksha Sanhita, 2023 (In short B.N.S.S.) 3. The appeal is preferred by the victim seeks to set aside the order of acquittal passed in C.C.No.957/2019 on the file of IV Additional Chief Metropolitan Magistrate, Visakhapatnam dated 14.12.2022. 4. The respondents/accused were tried for the offence punishable under Sections 323 and 325 read with 34 Indian Penal Code, 1860 (in Short I.P.C.). 5. The crux of the matter is; “Whether the appeal should be preferred before the SessionsCourt or the High Court?" 6. POINT: The relevant provision of law is proviso to section 372 Cr.P.C., which corresponding to section 413 of BNSS, 2023. It :a. 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 Cr.P.C., which correspondence to sections 414 and 415 of BNSS, 2023. These sections provided that: ‘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.” “Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or 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. ” 4 7. In the light of above provisions, the maximum sentence prescribed for the offence U/s.325 I.P.C. charged in the case shall be considered for the purpose of deciding the Court, before which the appeal be preferred. 8. The maximum sentence prescribed for the offence U/s.325 I.P.C. is up to seven (07) years only. 9. In that view of the matter. Section 374(3) Cr.P.C., corresponding to section 415(3) of BNSS, 2023, would apply to the case on hand. Hence, the appeal shall be preferred before the Court of Sessions only. Accordingly, the point is answered. In that view of the matter. Registry is directed to return the grounds of appeal along with original bundle to the appellant for presenting the appeal before the Court of Sessions concerned as per 10. law. 11. Accordingly, the Criminal Appeal is disposed of. The appellant is at liberty to present the appeal before concerned Appellate Court. There shall be no order as to costs. As a sequel thereto, interlocutory applications, if any, pending SDI- E.KAMESWARA RAO JOINT REGISTRAR shall stand closed. //TRUE COPY// SECTION OFFICER To, 1. The IV Additional Chief Metropolitan Magistrate, Visakapatnam, Visakapatnam District, (with records if any) ■ V 2. The Station House Officer, MVP Police Station, Visakapatnam District. 3. One CC to SRI. K B RAMANNA DORA Advocate [OPUC] 4. Two CCs to the SRI. PUBLIC PROSECUTOR Pradesh at Amaravathi [OUT] 5. The Section Officer, Criminal Section, High Court of Andhra 6. Two CD Copies High Court of Andhra Pradesh TAC high court DATED:16/07/2025 ORDER CRLA NO. 217 OF 2023 DISPOSING OF THE CRIMINAL petition