HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No:13369 OF 2010 ORDER: The petitioner herein was tried in C.C.No.312 of 2007 by the Additional Judicial First Class Magistrate, Peddapuram, East Godavari District for the offence punishable under Section 326 IPC. The trial Court after considering the evidence, came to the conclusion that the petitioner is guilty of the said offence, and sentenced him to suffer six months imprisonment and to pay a fine of Rs.1,000/-. The said sentence was suspended by the Magistrate from 28.9.2010 to 10.11.2010. The petitioner could not file the appeal in time and as such, he was taken into custody. Thereafter, the petitioner preferred an appeal before the District and Sessions Judge, Rajahmundry. As there was delay of 27 days, he filed an application to condone the delay. But however, the learned Sessions Judge dismissed the said application. Hence, the same is questioned in this petition. Heard. Filing of an appeal is a statutory right conferred on the petitioner. No doubt, it is true that there is delay of 27 days in filing the said appeal. But the Court below ought not to have dismissed the said application on the ground that no reasons have been explained. When once the said application to condone the delay is dismissed, automatically the appeal cannot be entertained. As stated above, the petitioner has a statutory right to file an appeal. In those circumstances, this Court is of the view that the order of the Court below is liable to be set aside. Accordingly, the order passed in Crl.M.P.No.2173 of 2010 in Crl.A.(SR) No.3555 of 2010 by the District and Sessions Judge, Rajahmundry, dated 1.12.2010 is set aside, and the learned Sessions Judge is directed to take up the matter and pass appropriate orders afresh. With the above direction, the Criminal Petition is allowed. ______________________________ Justice Gopala Krishna Tamada Dated: 31.12.2010 Nn HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No:13369 OF 2010 31.12.2010