HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.10648 of 2011 ORDER: This Criminal Petition is filed by the petitioner-appellant, under Section 482 Cr.P.C., seeking to quash the docket proceeding in Crl.M.P.No.1772 of 2010 dated 15.06.2011. The petitioner herein filed an appeal before the Metropolitan Sessions Judge, Visakhapatnam, being aggrieved by the order dated 01.04.2010 passed by the III Add. Chief Metropolitan Magistrate, Visakhapatnam at Gajuwaka, in D.V.C.No.9 of 2009, along with a petition in Crl.M.P.No.1772 of 2010 with a prayer to condone the delay of 47 days in filing the appeal. The learned Sessions Judge dismissed the petition as not maintainable, by an order dated 15.06.2011 on the ground that the petitioner failed to pay batta for R.1 and R.2 herein. Challenging the same, the petitioner filed this petition. Heard and perused the record. Learned counsel for the petitioner has submitted that the appellate Court without waiting for report of service of notice nor directing service of personal notice, passed the order impugned in this petition, that the delay occurred in obtaining certified copy of the order of the lower Court and that the petitioner is ready to pay batta in the stipulated time and the appellate Court may be directed to consider the same. Considering the submission of the learned counsel and in the facts and circumstances of the case, this Court is of the view that one more opportunity can be given to the petitioner to pay batta for R.1 and R.2. Accordingly, the Criminal Petition is disposed of and the petitioner is hereby directed to pay batta for R.1 and R.2 on or before 30.04.2011 and, on such payment, the learned Sessions Judge is directed to consider the same favourably and to hear the appeal and dispose of the same, in accordance with law. Miscellaneous petitions, if any, filed shall stand closed. _____________ RAJA ELANGO, J 3rd November, 2011 cbs HON’BLE SRI JUSTICE RAJA ELANGO Criminal Petition No.10648 of 2011 (Disposed of) 3rd November, 2011 cbs