Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 51345 (AP)

SMT. LANKAPALLI ANDHRA JYOTHI LAXMI, ELURU, W.G.DT., v. THE STATE OF A.P., REP. BY PP., HYD AND ANR.,

CRLRC/650/2012 · 2025-10-12

T Mallikarjuna Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010496582012 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY, THE TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL REVISION CASE Between: 1. SMT. LANKAPALLI ANDHRA JYOTHI LAXMI, W/O. M.H.DAYANAND EMPLOYEE O/O. EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, NEAR RAILWAY STATION, ELURU, WEST GODAVARI DISTRICT. 1. THE STATE OF A P REP BY PP HYD AND ANR, PUBLIC PROSECUTOR, HIGH COURT OF A.P., HYDERABAD. 2. KOVVURI JYOTHI SRINIVASA RAO, S/O. VENUGOPALA NAGESWARA RAO R/O. AMEENAPET, ELURU, WEST GODAVARI DISTRICT. Revision filed under Section 397/401 of circumstances stated in the affidavit filed in support of the Criminal Case, the High Court may be pleased to against the judgment passed in Crl.A.No. file of the Court of the I Additional Sessions Judge, West Godavari District, Eluru, preferred against the judgment passed in C.C.No. 02.12.2009 on the file of the court of the Judicial Magistrate of First Class, Special Mobile Court, West Godavari District, Eluru. IA NO: 1 OF 2012 (CRLRCMP 1023 OF 2012 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE THIRTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL REVISION CASE NO: 650/2012 SMT. LANKAPALLI ANDHRA JYOTHI LAXMI, W/O. M.H.DAYANAND EMPLOYEE O/O. EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, NEAR RAILWAY STATION, ELURU, WEST GODAVARI DISTRICT. ...PETITIONER AND THE STATE OF A P REP BY PP HYD AND ANR, REPT. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF A.P., HYDERABAD. KOVVURI JYOTHI SRINIVASA RAO, S/O. VENUGOPALA NAGESWARA RAO R/O. AMEENAPET, ELURU, WEST GODAVARI ...RESPONDENT(S): Revision filed under Section 397/401 of CrPC praying that in circumstances stated in the affidavit filed in support of the Criminal Case, the High Court may be pleased to present this criminal revision case., he judgment passed in Crl.A.No.252 of 2009 dated 17.04.2012 on the Additional Sessions Judge, West Godavari District, the judgment passed in C.C.No.64 of 2009, dated 2009 on the file of the court of the Judicial Magistrate of First Class, Special Mobile Court, West Godavari District, Eluru. (CRLRCMP 1023 OF 2012 IN THE HIGH COURT OF ANDHRA PRADESH [3369] THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO SMT. LANKAPALLI ANDHRA JYOTHI LAXMI, W/O. M.H.DAYANAND EMPLOYEE O/O. EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, NEAR RAILWAY STATION, ELURU, WEST ...PETITIONER REPT. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF A.P., HYDERABAD. KOVVURI JYOTHI SRINIVASA RAO, S/O. VENUGOPALA NAGESWARA RAO R/O. AMEENAPET, ELURU, WEST GODAVARI ...RESPONDENT(S): CrPC praying that in the circumstances stated in the affidavit filed in support of the Criminal Revision present this criminal revision case., 2012 on the Additional Sessions Judge, West Godavari District, 64 of 2009, dated 2009 on the file of the court of the Judicial Magistrate of First Class, 2 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 on bail by suspending the conviction and sentence imposed in Crl.A.No.252 of 2009 dated 17.04.2012 on the file of the Court of the 1st Additional Sessions Judge, West Godavari District, Eluru, confirming the judgment passed in C.C.No.64 of 2009, dated 02.12.2009 on the file of the court of the Judicial Magistrate of First Class, Special Mobile Court, West Godavari District, Eluru, pending disposal of the criminal revision case. Counsel for the Petitioner: 1. SIVA SANKARA RAO BORRA Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR (AP) 2. CH B R P SEKHAR The Court made the following ORDER: 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 17.04.2012 passed in Crl.A.No.252 of 2009 by the learned I Additional Sessions Judge, West Godavari at Eluru (for short, ‘the 1st Appellate Court’). By the said Judgment, the 1st Appellate Court dismissed the appeal, confirming the Judgment of conviction and sentence passed by the learned Judicial Magistrate of First Class, Special Mobile Court, Eluru, (for short, the ‘Trial Court’) in C.C.No.64 of 2009 dated 02.12.2009. 2. Today, when the matter was taken up for hearing, the learned counsel for the petitioner/accused and the learned counsel for the 2nd respondent/complainant appeared. The learned Assistant Public Prosecutor representing the 1st respondent/State submitted a report, enclosing a copy of the death certificate of the petitioner/accused, as furnished by the Sub Inspector of Police, Eluru II Town Police Station. 3 3. A perusal of the report indicates that the petitioner/accused passed away on 07.02.2020. Despite the petitioner’s demise nearly five 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. 4. In view of the death of the petitioner/accused, the Criminal Revision Case is dismissed as abated. Interim orders, if any, granted earlier shall stand vacated, and all pending miscellaneous petitions, if any, shall stand closed. ________________________ T. MALLIKARJUNA RAO, J sss Date: 13.10.2025 S A K 4 THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO Criminal Revision Case No.650 of 2012 Date: 13.10.2025 S A K 53