Andhra Pradesh High Court - Amravati
Thagarapu Nagaraju vs The State Of Andhra Pradesh on 13 August, 2025
APHC010325592025
IN THE HIGH COURT OF ANDHRA PRADESH
■a;i AT AMARAVATI
WEDNESDAY,THE THIRTEENTH DAY OF AUGUST
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI
CRIMINAL APPEAL NO: 459 OF 2Q2fi
Appeal under Section 374(2) of Cr.P.C, aganist the judgment dated
26.03.2025 passed in S.C No.499 of 2023 by the court of Assistant Sessions
Judge, Mangalagiri.
Between:
Thagarapu Nagaraju, S/o.Durga Rao, age 30 years, r/o. 22nd lane,
Mahanadu, Tadepalli Town And Mandal, Guntur District, A.P.
...APPELLANT/ACCUSED
AND
1. The State of Andhra Pradesh rep. By its Public Prosecutor,High Court
of A.P., High Court Buildings, Nelapadu, Amaravathi, Guntur District.
2. Goda Nireekshana, W/o. Apparao R/o.Indiramma Colony, Kolanukonda
village, Tadepalli Mandal,Guntur District.
...RESPONDENT/COMPLAINANT
lA NO: 2 OF 2025
Petition under Section 389(1) of Cr.P.C & 430(1) of BNSS praying that
in the circumstances stated in the affidavit filed in support of the petition, the
High Court may be pleased to suspend the Conviction and sentence of
imprisonment of the appellant passed in S.C.No.499 of 2023 by the Court of
/
/
the Assistant Sessions Judge, Mangalagiri dated 26-03-2025 and enlarge the
/
/
/
/ petitioner on bail pending disposal of the appeal.
Counsel for the Appellant : SRI P A SESHU
Counsel for the Respondents : ADDITIONAL PUBLIC PROSECUTOR
The Court made the following :
/
APHC010325592025
IN THE HIGH COURT OF ANDHRA
■a
PRADESH
AT AMARAVATI [3368]
(Special Original Jurisdiction)
WEDNESDAY, THE THIRTEENTH DAY OF AUGUST
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI
CRIMINAL APPEAL NO: 459/2025
Between:
1.THAGARAPU NAGARAJU, S/O.DURGA RAO, AGE 30
YEARS, R/0. 22ND LANE, MAHANADU, TADEPALLI
TOWN AND MANDAL, GUNTUR DISTRICT, A.P.
...APELLANT
AND
1.THE STATE OF ANDHRA PRADESH, REP BY ITS
PUBLIC PROSECUTOR,HIGH COURT OF A P HIGH
COURT BUILDINGS, NELAPADU, AMARAVATHI
GUNTUR DISTRICT.
2.GODA NIREEKSHANA, W/0. APPARAO R/O.INDIRAMMA
COLONY,KOLANUKONDA VILLAGE, TADEPALLI
MANDAL,GUNTUR DISTRICT.
...RESPODENT(S):
Appeal under Section 372/374(2)/378(4) of Cr.P.C praying
that the High Court may be pleased to call for the records and
set-aside the conviction and sentence imprisonment and fine of
the appellant dated 26-03-025 passed in S.C. No.499 of 2023 by
the learned Assistant Sessions Judge, Mangalagiri and acquit the
appellant/accused and allow the Appeal in the interest of Justice
and pass
2
lA NO: 1 OF 2025
Petition under Section 151 CPC praying that in the
circumstances stated in the affidavit filed in support of the
petition, the High Court may be pleased to condone the delay of
35days in filing the present criminal Appeal against the judgment
dated 26-03-2025 passed in S.C.No.499/2023 by the court of the
Assistant Sessions Judge, Mangalagiri and receive the appeal in
the interests of justice and pass
lA NO: 2 OF 2025
Petition under Section 151 CPC praying that in the
circumstances stated in the affidavit filed in support of the
petition, the High Court may be pleased to suspend the
Conviction and sentence of imprisonment of the appellant passed
in S.C.No.499 of 2023 by the Court of the Assistant Sessions
Judge, Mangalagiri dated 26-03-2025 and enlarge the petitioner
on bail pending disposal of the appeal in the interest of justice
and pass
Counsel for the Appellant;
1.P ASESHU
Counsel for the Respondent(S):
1. PUBLIC PROSECUTOR
€ir-
3
the honourable SRI JUSTICE B.V.L.N. CHAKRAVARTHI
CRIMINAL APPEAL NO: 459 nf onoK
The Court made the following Judgment:
Heard Sri P.A.Seshu, learned counsel for the appellant and
learned Additional Public Prosecutor representing the State.
2. Learned Additional Public Prosecutor would contend that
the appeal is not maintainable before the High Court, in view of
Section 372 of the Code of Criminal Procedure 1973 (In short
Cr.P.C.), corresponding to Section 413 of Bharatiya Nagarik
Suraksha Sanhita, 2023 (In short B.N.S.S.).
3. The appeal is preferred by the accused seeking to set
aside the order of conviction dated 26.03.2025 passed in
S.C.No.499 of 2023
on the file of the learned Assistant Sessions
Judge, Mangalagiri, wherein the maximum sentence of seven
(07) years was imposed to the petitioner.
4. The petitioner was tried for the offence punishable under
Sections 498A and 307 Indian Penal Code, 1860 (in Short I.P.C.).
5.
The crux of the matter is:
"Whether the appeal should be preferred before the
Sessions Court or the High Court?
4
6. The relevant provision of law is proviso to Section 372
Cr.P.C., which is corresponding to Section 413 of BNSS, 2023. It
speaks that:
"No appeal shall lie to the Court to which an appeal
ordinarily lies against the order of conviction of such
Court."
Therefore, we shall refer Sections 373 and 374 of Cr.P.C.,
which is correspondence to Sections 414 and 415 of BNSS, 2023
wherein it is provided that:
Section 373 Cr.P.C.,:
: Any person,
1. who has been ordered under section 117 to give security
for keeping the peace or for good behaviour, or
2. who is aggrieved by any order refusing to accept or
rejecting a surety under section 121,
may appeal against such order to the Court of Session;
Provided that nothing in this section, shall apply to persons
the proceedings against whom are laid before a Sessions
Judge in accordance with the provisions of Sub-Section (2)
or Sub-Section (4) of section 122. "
Section 374 Cr.P.C.
" 1. Any person convicted on a trial held by a High
Court in its extraordinary original criminal jurisdiction
may appeal to the^Sujpreme Court.
5
2. Any person convicted on a trial held by a
Sessions Judge or an Additional Sessions Judge or
on a trial held by any other court in which a sentence
of imprisonment for more than seven years [has been
passed against him or against any other person
convicted at the same trial], may appeal to the High
Court.
3.
Save as otherwise provided in sub-section (2),
any person, -
(a) convicted on a trial held by a Metropolitan
Magistrate or Assistant Sessions Judge or Magistrate
of the first class, or of the second class, or
(b) sentenced under section 325, or
(c) in respect of whom an order has been made or a
sentence has been passed under section 360 by any
Magistrate, may appeal to the Court of Session. "
7. In the light of above provisions, the maximum sentence
imposed by the trial Court in the present case for the offence
U/s.307 I.P.C., shall be considered, for the purpose of deciding
the Court, before which the appeal shall be preferred.
8.
The maximum sentence imposed by the trial Court in the
case on hand is seven (07) years only.
9.
In that view of the matter. Section 374(3) Cr.P.C.,
corresponding to Section 415(3) of BNSS, 2023, would apply to
6
the case on hand. Hence, the Appeal shall be preferred before
the Court of Sessions only. Accordingly, the point is answered.
10. Registry is directed to return the grounds of Appeal along
with the original bundle to the appellant for presenting the Appeal
before the Court of Sessions concerned, as per law.
11. Accordingly, the Criminal Appeal is disposed of with a
liberty to the appellant to present an Appeal before concerned
Appellate Court. No order as to costs.
As a sequel thereto, interlocutory applications, if any,
pending shall stand closed.
SD/- S.V.S.R. MURTHY
JOINT REGISTRAR
//TRUE COPY// //%r
SECTION OFFICER
To,
1. The Assistant Sessions Judge, Mangalagiri, Guntur District
2. The Additional Judicial Magistrate of First Class, Mangalagiri, Guntur
District
3. The Superintendent, Central Prison, Nellore, SPSR Nellore District
4. The Station House Officer, Tadepalli Police Station, Guntur District
5. One CC to Sri. P A Seshu Advocate [OPUC]
6. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh at
Amaravathi [OUT]
7. The Section Officer, New Filing Section, Criminal Wing, High Court of
Andhra Pradesh at Amaravathi
8. The Section Officer, Criminal Section, High Court of Andhra Pradesh at
Amaravathi
9. Two CD Copies
stu
TAC
HIGH COURT
DATED:13/08/2025
JUDGMENT
CRLA NO. 459 OF 2025 g( 0 9SEP20a \n <>» ntSwtionx^^ DISPOSING OF THE CRIMINAL APPEAL