THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL Nos.207 of 2012 & 527 of 2012 23-12-2014 CRIMINAL APPEAL No.207 of 2012 BETWEEN:
Vudi Ramarao AND The State of A.P., Rep. by Public Prosecutor, High Court of A.P., Hyderabad and others And …..Appellant …..Respondents CRIMINAL APPEAL No.527 of 2012 BETWEEN:
Vudi Ramarao AND The State of A.P., Rep. by Public Prosecutor, High Court of A.P., Hyderabad and another …..Appellant …..Respondents THIS COURT MADE THE FOLLOWING ORDER:
THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL Nos.207 of 2012 & 527 of 2012 COMMON JUDGMENT:
The learned counsel representing the appellant-complainant submitted that the appellant is no more and he is not pressing the appeal. He further submitted that in view of the acquittal order recorded by the lower appellate Court, the respondents-accused herein filed a suit for malicious prosecution.
Originally, the accused-respondents herein were convicted by the trial Court and were acquitted by the lower appellate Court. Basing on the acquittal order passed by the lower appellate Court, it is stated that the accused filed the suit against the complainant for malicious prosecution. This Court is of the view that there cannot be any such suit in view of the fact that the accused are acquitted by the competent court disbelieving the case of the prosecution. In various cases, the accused would be acquitted even on technical grounds and that itself does not mean that the accused persons are entitled to file a suit for malicious prosecution.
With the above observations, the criminal appeals are dismissed. Miscellaneous Petitions, if any, pending shall stand closed.
RAJA ELANGO,J 23.12.2014 Tsr