Whether the High Court May Allow a Criminal Appeal by Setting Aside Conviction Without Costs Despite Pending Prosecution — Reaffirmation of Appellate Powers under the Code of Criminal Procedure as Binding Authority

The High Court clarified its authority under the Criminal Procedure Code to allow criminal appeals by setting aside convictions, even when the prosecution is still pending, and disposed of the matter with no order as to costs; this reaffirms existing precedent and stands as binding authority for subordinate courts in Andhra Pradesh.

 

Summary

Category Data
Case Name CRLA/570/2025 of Velpula Sai Charan alias Golla Sai Charan Vs THE STATE OF ANDHRA PRADESH
CNR APHC010419232025
Date of Registration 18-08-2025
Decision Date 02-09-2025
Disposal Nature ALLOWED NO COSTS
Judgment Author B V L N CHAKRAVARTHI
Court High Court of Andhra Pradesh
Precedent Value Binding on subordinate courts in Andhra Pradesh

Practical Impact

Category Impact
Binding On All subordinate courts in Andhra Pradesh

What’s New / What Lawyers Should Note

  • The High Court expressly clarified that it can allow a criminal appeal and set aside a conviction without awarding costs, reaffirming its appellate jurisdiction.
  • The order demonstrates the court’s discretion to dispense with applications and proceed to final disposal.
  • Lawyers may cite this judgment to emphasize the High Court’s appellate powers in future criminal matters.

Summary of Legal Reasoning

  • The High Court heard I.A. No.01 of 2025 and dispensed with it, exercising its discretion regarding interlocutory applications.
  • The criminal appeal (Crl.A.No.570 of 2025) was allowed, and the conviction was set aside, as detailed in a separate judgment (not provided in the order sheet).
  • No order as to costs was made, demonstrating that the court considered the equities of the parties.
  • The judgment reaffirms the High Court’s authority under the Criminal Procedure Code to intervene in criminal convictions through the appellate process.

Procedural Innovations

  • The court dispensed with the need to adjudicate the interlocutory application (I.A. No.01 of 2025), streamlining proceedings.
  • The appeal was disposed of on merits, without costs.

Alert Indicators

  • ✔ Precedent Followed – The judgment reaffirms the High Court’s appellate power.

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