HON’BLE SMT. JUSTICE JUVVADI SRIDEVI CRIMINAL REVISION CASE No.656 of 2025

ORDER:

Challenging the order dated 23.07.2025 passed in Crl.M.P.No.50 of 2025 in an unregistered Criminal Appeal by the learned Principal District and Sessions Judge at Adilabad (for short ‘Sessions Court’) and the order dated 23.07.2024 passed in Crl.M.P.No.363 of 2022 in D.V.C.No.91 of 2022 passed by the learned Principal Judicial Magistrate of First Class at Adilabad (for short ‘trial Court’), this Criminal Revision Case is filed.

2. Heard Mr. S.Chandrasekhar, learned counsel for the petitioner and Mr. M.Ramachandra Reddy, learned Additional Public Prosecutor appearing for the State-Respondent. Perused the material on record.

3. Case of the petitioner is that respondent No.2 is his wife and respondent No.3 is their daughter. Respondent Nos.2 and 3 filed D.V.C.No.91 of 2022 against him, along with Crl.M.P.No.363 of 2022 seeking interim maintenance. After hearing both sides and considering the material on record, the trial Court, by order dated 23.07.2024, partly allowed the said application and directed the petitioner herein to pay interim maintenance of Rs.5,000/- per month each to respondent Nos.2 and 3. Aggrieved, the petitioner filed a Criminal Appeal along with Crl.M.P.No.50 of 2025 under Section 5 of the Indian Limitation Act, 1963 seeking to condone the delay of 235 days in filing the Appeal. However, the learned Sessions Judge, by order dated 23.07.2025, dismissed the application filed for delay condonation. Aggrieved further, the present Criminal Revision Case is filed.

4. Learned counsel for the petitioner confined his prayer to the extent of setting aside the order dated 23.07.2025 passed in Crl.M.P.No.50 of 2025 in an unregistered Criminal Appeal by the learned Principal District and Sessions Judge at Adilabad. He submitted that the delay of 316 days in filing the Criminal Appeal was due to financial constraints of the petitioner. The learned Sessions Judge failed to properly consider the reasons put forth for the delay and mechanically dismissed the application filed for delay condonation. Hence, he prayed to allow the revision by setting aside the impugned order, dated 23.07.2025.

5. Considering the submission made by the learned counsel for the petitioner explaining the cause for the delay in filing the Criminal Appeal and in the interest of justice, this Court deems it appropriate to give one more opportunity to the petitioner to contest the matter.

6. In view of the above, the impugned order, dated 23.07.2025 passed in Crl.M.P.No.50 of 2025 in an unregistered Criminal Appeal by the learned Principal District and Sessions Judge at Adilabad, is hereby set aside and the delay of 235 days in filing the Criminal Appeal is condoned. The Office of the Court of Principal District and Sessions Judge at Adilabad is directed to number the Criminal Appeal forthwith, so as to enable the learned Sessions Judge to proceed with the matter.

7. Accordingly, this Criminal Revision Case is allowed to the extent indicated above.

Miscellaneous applications, if any pending, shall also stand closed.

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JUVVADI SRIDEVI, J Date: 17.09.2025 rev