APHC010014232021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] WEDNESDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL APPEAL NO: 8/2021 Between: 1. DUPPARETI ESWARA RAO, ESWARA RAO S/O RAJU, AGED 39 YRS R/AT 34-5-30/10 SEBASTIAN COLONY, GNANAPURAM , VISAKHAPATNAM. 2. DUPPERTI ARUNA, W/O ESWARA RAO AGED 30 YRS ,D.NO.34-5-30/10 SEBASTIAN COLONY, GNANAPURAM VISAKHAPATNAM. ...APPELLANT(S) AND 1. THE STATE OF ANDHRA PRADESH, THROUGH THE ASSISTANT COMMISSIONER OF POLICE NORTH SUB- DIVISION, VISAKHAPATNAM CITY REP., BY ITS PUBLIC PROSECUTOR HIGH COURT AT AMARAVATHI. 2. SMT THAMARANA ESWARAMMA, W/O NOT KNOWN , AGED MAJOR SEBASTIAN COLONY, GNNAPURAM VISAKHAPATNAM. ...RESPONDENT(S): Appeal under Section 372/374(2)/378(4) of Cr.P.C praying that the High Court may be pleased to pass an Order to Set- Aside the Judgment passed in S.C.No.05/2012 dated 28-12-2020 on the file of Spl Sessions Judge For Trial of Cases Under SC and ST (POA) Act Cum -XI- Additional District Judge Visakhapatnam as against the Accused No.1 and 2 by Conviction 2 and Sentence passed dt.06-01-2021 in the interest of the justice and pass IA NO: 1 OF 2021 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 suspension of sentence passed in sc no.5/12 dt.28.12.2020 on the file of special session judge for trail of cases under SCs &STs (POA) Act cum XI ADJ Vishakapatnam as against the A1 & A2 by granting a bale to the petitioners /A1 & A2 Counsel for the Appellant(S): 1. R SIVA SAI SWARUP Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR (AP) The Court made the following: 3 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI CRIMINAL APPEAL NO: 8 of 2021 J U D G M E N T: Sri R.Siva Sai Swarup, learned counsel for the appellants would submit that another appeal was filed for the appellant vide Crl.A.No.10 of 2021. In that appeal, this Court passed an order dated 27.01.2021 suspending the sentence of imprisonment 2. This appeal was filed during COVID-19 pandemic without noticing that Crl.A.No.10 of 2021 was also filed for the very same appellant. Therefore, the appellant may be permitted to withdraw the present appeal, as another appeal is already pending. 3. Heard Sri K.Sandeep, learned Assistant Public Prosecutor representing the State. 4. Considering the above submissions, permission is accorded. 5. Accordingly, the Criminal Appeal is dismissed as withdrawn in the light of pendency of Crl.A.No.10 of 2021 before this Court. 4 As a sequel, interlocutory applications, if any, pending in this case shall stand closed. _______________________________ JUSTICE B.V.L.N. CHAKRAVARTHI Dated: 25.02.2026 Pmk 5 85 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI CRIMINAL APPEAL NO:8 of 2021 Date: 25.02.2026 Pmk