K.Venkatesha Chowdhury Vs the State of a.P., a.C.B., Rep. by Spl.P.P.

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[3368]

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APHC010338472007

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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TUESDAY,THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX

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PRESENT

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THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL APPEAL NO: 380/2007

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Between:

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K.VENKATESHA CHOWDHURY, S/O K.NARASIMHAPPA, HEAD MASTER (RETD.) M.P.ELEMENTARY SCHOOL, THIMMAPURAM, KAMBADUR MANDAL, ANANTHAPUR DIST., R/O PLOT NO.77/2, ROAD NO.18, VIVEKANANDA NAGAR COLONY,

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...APELLANT

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AND

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THE STATE OF A P A C B REP BY SPL P P, through the Deputy Superintendent of Police, A.C.B., Ananthapur Range, rep. by its Spl. Public Prosecutor for ACB Cases High Court of A.P., Hyderabad.

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...RESPODENT

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Appeal under Section 372/374(2)/378(4) of Cr.P.C praying that the High Court may be pleased to to set-aside the Judgment of conviction of the appellant in C.C.No.8/02 on the file of the Addl. Spl. Judge for SPE & ACB Cases, Hyderabad in the interest of justice.

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IA NO: 1 OF 2007(CRLAMP 514 OF 2007

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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 enlarge the petitioner/appellant on bail in C.C.No.8/02 on the file of the Addl. Spl. Judge for SPE & ACB Cases, Hyderabad, pending disposal of the Crl.A., on such terms and conditions as this Hon'ble Court deems fit and proper in the interest of justice.

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Counsel for the Apellant:

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1.A DIWAKAR RAO

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Counsel for the Respodent:

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1.S.SYAM SUNDER RAO SC cum Spl P.P. For ACB The Court made the following:

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2

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THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI CRIMINAL APPEAL No.380 of 2007

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JUDGMENT:

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When the matter is taken up for hearing, Sri A. Hari Prasad Reddy, learned counsel representing Sri. A. Diwakar Rao, learned counsel for the appellant/Accused No.3, and Sri S. Syam Sunder Rao, learned Standing Counsel – cum - Special Public Prosecutor for ACB, appearing for the respondent–State, submitted that the appellant/Accused No.3 had passed away on 01.10.2015 during the pendency of the appeal.

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In this regard, the prosecution filed a memo dated 02.05.2025 before the Registry, along with a copy of the death certificate of the deceased appellant/Accused No.3.

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In view of the submissions made by the learned counsel on either side, and as none of the legal representatives of the deceased appellant/Accused No.3 have come forward seeking leave to continue the appeal, as contemplated under Section 394 of the Code of Criminal Procedure, the appeal stands abated against the appellant/Accused No.3 under Section 394 of the Code of Criminal Procedure.

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