IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD TUESDAY THE SIXTEENTH DAY OF AUGUST TWO THOUSAND AND ELEVEN PRESENT THE HONOURABLE SRI JUSTICE R. KANTHA RAO CRIMINAL APPEAL NO. 746 OF 2008 Between : Kuruva Gopal … Appellant-Defacto Complainant V/s. Kuruva Mustur Ramanjaneyulu & Anr…. Respondents-Accused Counsel for the Appellant : Sri K. Rathangapani Reddy Counsel for the Respondent No.1 : Sri K. Somakonda Reddy Counsel for the Respondent No.2 : Addl.Public Prosecutor The Court made the following : Order follows next page). THE HONOURABLE SRI JUSTICE R. KANTHA RAO CRIMINAL APPEAL NO. 7 4 6 OF 2006. J U D G M E N T : This Criminal Appeal is directed against the judgment dated 24- 08-2005 passed in CC.No. 114 of 2003 by the Judicial Magistrate of First Class, Pattikonda, Kurnool district. 2. Heard Sri K. Rathangapani Reddy, the learned counsel for the appellant-defacto complainant and Sri K. Somakonda Reddy, the learned counsel for the Respondent No.1-accused and the learned Additional Public Prosecutor representing the State. 3. This is an appeal by the defacto complainant against order of acquittal. The learned counsel appearing for the first respondent submits that the accused was acquitted of the offence by the judgment of the learned trial Court on 24-08-2005. On the date of acquittal, the defacto complainant had no right to file an appeal before the trial Court and only State can file because the case is registered on the police report. Criminal Procedure Code (Amendment) Act, 2009 (Act No.5/2009) which enables the victim to prefer an appeal against the order of acquittal came into force w.e.f., 31-12-2009, on the date of filing of the appeal only Revision lies to the High Court and no appeal is maintainable. 4. The learned counsel appearing for the first respondent would submit that the appeal can be converted into Revision and it can be heard and disposed of by this Court. I do not accept the contention of the learned counsel for the respondent NO.1 because there is inordinate delay in filing this criminal appeal. Further after the amendment of Section 372 by Act No.5/2009, which came into force from 31-12-2009, the appeal lies to the Sessions Court. The appeal is therefore, not maintainable and the same is dismissed. _________________________ JUSTICE R. KANTHA RAO. 16-08-2011 I s L THE HONOURABLE SRI JUSTICE R. KANTHA RAO CRIMINAL APPEAL No. 746 OF 2006 CIRCULATION NO.38 Date: 16-08-2011 Court Master : I s L Computer No. 43