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2017 DIGILAW 43 (AP)

Syam Dondiya v. State of A. P.

2017-01-20

G.SHYAM PRASAD, SURESH KAIT

body2017
JUDGMENT : 1. Vide the present petition, the petitioner seeks direction thereby to condone the delay of 93 days in filing Criminal Appeal SR. No. 46566 of 2016 against the sentence passed in S.C. No. 73 of 2015, dated 26.04.2016 by the VI Additional District and Sessions Judge, Sompeta, Srikakulam District. We have heard Ms. Padma Latha Yadav, learned counsel appearing on behalf of the petitioner (legal-aid) and the learned Public Prosecutor appearing on behalf of the State of Andhra Pradesh. 2. Having heard the reasons mentioned in the affidavit filed in support of the petition, the delay of 93 days in filing Criminal Appeal SR. No. 46566 of 2016 is condoned. 3. Crl. AMP. No. 87 of 2017 is accordingly allowed. 4. Before parting from this petition, it is pertinent to mention here that we have come across the cases and procedure adopted by the Registry of this Court that when a Petition/Appeal/Revision is filed, with other applications, such as condonation of delay in representation, condonation of delay in presentation of the petition/appeal/revision and also some times with applications seeking dispense with the original judgment/order to be filed. 5. As per procedure adopted by registry of this Court, first of all Registry shall list the application for condonation of delay in representing the petition/appeal/revision etc. At that point of time, the main petition etc., and other applications, if any, will not be numbered. After passing the order in an application for condonation of delay in representation of the any aforementioned subject matters, thereafter the application for condonation of delay in presenting the main petition or appeal etc., as the case may be listed before the Court. However, the main petition still will not be numbered. After allowing the condonation of delay, then third time the main petition will be listed. Then, the court will dismiss the same or direct the notices to be issued to the respondents. In this process, the Registry has to list the applications/petitions mentioned above at least two to four times. Accordingly, the advocates also have to appear on number of times in a petition to get the notice issued. Consequently, the Courts also pass the orders two to four times on different dates. In this process, there is wastage of time, energy, human power of the Registry, and the Bar Members. The precious time of the Courts can also be saved. 6. Consequently, the Courts also pass the orders two to four times on different dates. In this process, there is wastage of time, energy, human power of the Registry, and the Bar Members. The precious time of the Courts can also be saved. 6. The above mentioned issue has been discussed in the open Court, with the Presidents of the Bar for both the States i.e., the State of Telangana and the Andhra Pradesh, along with their Executive Members, and other members of the Bar present in the Court. In addition to the above, the Registrar (Judicial) was also present, and has assisted the Court. All of them are happy if all types of the petitions are numbered and listed on one date instead of on various dates by disposing one after the other as discussed above. From any corner, there is no opposition in adopting the inter alia procedure, accordingly, 7. The Registry is directed to number all type of the petitions/miscellaneous applications and list the same before the Court concerned. 8. By adopting above procedure, consequences would be that if there is a condonation of delay application and same is dismissed, the main petition/appeal/revision is also automatically dismissed. 9. Therefore, the Registry shall check all the petitions in one go and ensure the objections raised if any therein are removed by the concerned advocates and thereafter, the petition shall be placed before the Court for hearing. 10. This procedure shall save precious time of the Bar as well as of the Bench and avoid delay in processing the applications/petitions. 11. The aforesaid direction shall be applicable w.e.f. 06-02-2017. For the sake of repetition, we hereby clarify that all the applications/petitions whatever of the nature shall be checked at a time, numbered and after removal of the objections, if any, shall be placed before the Court along with main proceedings/petitions. Main Case No: Crl.A. No. 70 of 2017 Crl.A.M.P. No. 255 of 2017 - Decided on 6-2-2017. PROCEEDING SHEET "Pursuant to the order dated 20th January 2017, the Registrar (Judicial) has placed a note dated 31-01-2017 on administrative side before Hon'ble The Acting Chief Justice and the Acting Chief Justice directed the Registrar (Judicial) to place the matter before the Administrative Committee. In obedience to the said directions, the Registry submitted the matter before the Administrative Committee on 02-02-2017 and minutes of the Committee are not received till date. In obedience to the said directions, the Registry submitted the matter before the Administrative Committee on 02-02-2017 and minutes of the Committee are not received till date. Thus, the present petition is listed on office note submitted by the Registrar (Judicial) for extension of time to comply with the directions dated 20th January 2017 passed by this Court. Keeping in view the submissions made in the office note, we hereby extend the time to comply with the order dated 20th January, 2017, upto 17-02-2017."