Dismissed¶35

Kondepudi Vijaya Kumar v. the State of A.P. & Another

Andhra Pradesh HC12 Oct 2025CRLRC/2544/2011

Case brief

AI extract

What is this about?

Andhra Pradesh High Court, Amaravati; Criminal Revision Case No.2544 of 2011 under Sections 397/401 CrPC against conviction in C.C.No.2 of 2008 (V Addl. Judl. First Class Magistrate, Kakinada) confirmed in Crl.A.No.130 of 2010 (III Addl. Sessions Judge, Kakinada); petitioner/accused Kondepudi Vijaya Kumar died 26.08.2023 pending revision; no impleadment of legal representatives by either side; revision dismissed as abated; interim orders vacated; miscellaneous petitions closed. Single judge: T. Mallikarjuna Rao, J. Decision date: 13.10.2025.

What did the court decide?

In view of the death of the petitioner/accused, the cause of the Criminal Revision Case no longer survives. ¶34

Kondepudi Vijaya Kumar Vs the State of A.P. & Another — Andhra Pradesh HC (2025) — LawSathi Research

APHC010245652011

[3369]

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

¶5

(Special Original Jurisdiction)

¶6

MONDAY, T H E THIRTEENTH DAY OF OCTOBER TWO T H OUSAND AND TWENTY FIVE

¶7

PRESENT

¶8

THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO

¶9

CRIMINAL REVISION CASE NO: 2544/2011

¶10

Between:

¶11

KONDEPUDI VIJA Y A KUMAR, S/O SREE RAMUL U NAIDU, INFORMATIC ASSI S TANCE R/O TRASARY COLONY, PRATHAP NAGAR, KAKINADA, E.G.DIST.

¶12

...PETITIONER

¶13

AND

¶14

THE STATE OF A P ANOTHER, REPRESENTED BY IT S PUBLIC PROSECUTOR, H I GH COURT OF ANDHRA P RADESH, HYDERABAD. THRO U GH THE II TOWN P.S., KAKINADA, E.G.DIST.

¶15

NAIDU SATYA MUR T Y, S/O VEERABHADRA RAO, BUSI N ESS R/O BURMA COLONY, K A KINADA, E.G.DIST.

¶16

...RESPONDENT(S):

¶17

Revision filed under Section 397/401 of CrPC praying t hat in the circumstances stated in th e affidavit filed in support of the Criminal Revision Case, the High Court ma y be pleased to present this Crl.R.C., a gainst the judgment and sentence p a ssed by the learned Magistrate in C.C.No.02 of 2008 on the file of the C ourt of the V Addl. Judl. First Class Magistrate, Kakinada, E.G.Dist., as c o nfirmed in the judgment and senten c e made in Crl.A.No.130 of 2010 on t h e file of the III Addl. Sessions Judge , Kakinada, E.G.Dist.

¶18

IA NO: 1 OF 2011 (CRLRCMP 3851 OF 2011

¶19

Petition under Sectio n 151 CPC praying that in the circumsta n ces stated in the affidavit filed in supp o rt of the petition, the High Court may b e pleased to

¶20

¶21

dispense with the filing of certified copy as well as typed copy of the Order in C.C.No.02 of 2008 on the file of the Court of the V Addl. Judl. First Class Magistrate, Kakinada, E.G.Dist.

¶22

IA NO: 2 OF 2011(CRLRCMP 3861 OF 2011

¶23

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 operation of the sentence as imposed in the judgment as made in C.C.No.02 of 2008 on the file of the Court of the V Addl. Judl. First Class Magistrate, Kakinada, E.G.Dist., as confirmed in the judgment and sentence made in Crl.A.No.130 of 2010 on the file of the III Addl. Sessions Judge, Kakinada, E.G.Dist., and enlarge the petitioner on bail, pending disposal of the Crl.A.

¶24

Counsel for the Petitioner:

¶25

1.V SAI KUMAR

¶26

Counsel for the Respondent(S):

¶27

1.PUBLIC PROSECUTOR (AP)

¶28

The Court made the following ORDER:

¶29

1. The present Criminal Revision Case, filed under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for brevity, ‘Cr.P.C.'), is preferred by the petitioner/accused, challenging the Judgment dated 14.12.2011 passed in Crl.A.No.130 of 2010 by the learned III Additional District and Sessions Judge, Kakinada (for short, ‘the 1^st Appellate Court’). By the said Judgment, the 1^st Appellate Court dismissed the appeal, confirming the Judgment of conviction and sentence passed by the learned V Additional Judicial Magistrate of First Class, Kakinada, (for short, the ‘Trial Court’) in C.C.No.2 of 2008 dated 15.04.2010.

¶30

2. Today, when the matter was taken up for hearing, the learned counsel for the petitioner/accused appeared. The learned Assistant Public Prosecutor representing the 1^st respondent/State submitted a report, enclosing a copy of the death certificate of the petitioner/accused, as furnished by the Inspector of Police, II Town Police Station, Kakinada.

¶31

¶32

3. Heard both sides.

¶33

4. A perusal of the report indicates that the petitioner/accused passed away on 26.08.2023. Despite the petitioner’s demise nearly two years ago, no steps have been taken by the complainant to implead the legal representatives of the deceased petitioner as proposed parties. Likewise, the legal representatives of the petitioner themselves have not come forward to be brought on record as parties to the proceedings.

¶34

5. Upon considering the submissions advanced on behalf of both sides and in view of the death of the petitioner/accused, the cause of the Criminal Revision Case no longer survives.

¶35

6. In the result, the Criminal Revision Case is dismissed as abated .

¶36

Interim orders, if any, granted earlier shall stand vacated, and all pending miscellaneous petitions, if any, shall stand closed.

¶37

________________________ T. MALLIKARJUNA RAO, J

¶38

Date: 13.10.2025 S A K

¶39

¶40

¶41

THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO