THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.9190 OF 2011 ORDER: The petitioner preferred the present Criminal Petition challenging the order passed by the learned Principal Sessions Judge, East Godavari District in Crl. R.P. No.53 of 2011, dated 24.8.2011, whereby, he dismissed the revision petition preferred by the petitioner herein. The brief facts of the case are as follows: The petitioner herein is the complainant. He could not attend the Court on a particular date. Since the petitioner-complainant was absent, the trial Court dismissed the complaint filed by him, against which, the petitioner preferred a revision petition before the lower appellate Court. The learned appellate Judge dismissed the said revision petition on the ground of maintainability. Challenging the same, the petitioner preferred the present Criminal Petition. On a perusal of the record and also after hearing the arguments of the learned counsel for the petitioner, this Court is of the view that an appeal lies against the dismissal of the complaint before the lower appellate Court. Further, the dismissal of the complaint for non-appearance of the complainant amounts to acquittal, against which, an appeal can be preferred before the lower appellate Court. Hence, the petitioner is directed to file an appeal before the competent Court. Since the petitioner approached a wrong forum for prosecuting his case, if there is any delay in filing of the said appeal, the concerned Court may condone the same. With the above observations, the Criminal Petition is disposed of. _______________________ JUSTICE RAJA ELANGO Dated : 28.09.2011 pnb