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2009 Supreme(AP) 630

R.KANTHA RAO
Sarna Subhash Reddy – Appellant
Versus
S. Lalitha @ Lalithamma – Respondent


Advocates Appeared:
M. V. Durga Prasad, Counsel for the Petitioner; C Praveen Kumar, Counsel for the Respondent Nos.1 to 3; Public Prosecutor, Counsel for the Respondent No.4.

JUDGMENT :- This criminal appeal is filed by the de facto complainant against the order of acquittal, dated 14.11.2002 passed by the V Additional Sessions Judge (Fast Track Court), Ranga Reddy at L.B. Nagar in SC No.110 of 2001.

2. The de facto complainant is the elder brother of the deceased-Rani. The first respondent is the mother-in-law, second respondent is the husband and the third respondent is the father-in-law of the deceased. They were tried by the learned Additional Sessions Judge for the charges under Sections 302 and 498-A of IPC and were acquitted of the said charges by judgment, dated 14.11.2000 in SC No.110 of 2001. The State did not prefer any appeal, but the de facto complainant preferred the appeal against the order of the acquittal passed by the learned Additional Sessions Judge.

3. A preliminary objection has been raised by the learned Counsel appearing for the respondents that against the order of acquittal passed by the learned trial Court in a case which was instituted upon a police report there is no provision in the Criminal Procedure Code enabling the de facto complainant to prefer an appeal against the said acquittal.

4. According to the learned Counsel appe



























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