APHC010105202007 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] TUESDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL APPEAL No: 1458/2007 Between: 1. THE STATE OF A.P.,, THROUGH THE INSPECTOR OF POLICE, A.C.B., ONGOLE, PRAKASAM DIST., REP. BY THE S.C-CUM-SPL.PUBLIC PROSECUTOR FOR ACB CASES, HIGH COURT OF A.P., HYDERABAD. ...APELLANT AND 1. SRI G HANUMANTHA RAO DIED, S/O NARASIMHAM, RETD. R.T.O VIJAYAWADA. 2. GUNTI MADAN MOHAN RAO, S/O. G. HANUMANTHA RAO, AGED ABOUT 49 YEARS, OCC. BUSINESS, R/O. D.NO,59A-10-11, NEAR VEG MARKET, VETAPELEM, VETAPALEM VILLAGE AND MANDAL, PRAKASAM DISTRICT. SINCE RESPONDENT NO.1/ACCUSED OFFICER IS DIED, RESPONDENT NO.1/ACCUSED OFFICER LRS IS BROUGHT ON RECORD AS RESPONDENT NO.2, AS PER THE COURT ORDER DATED 06.05.2025 IN I.A.NO.2 OF 2025 IN CRL.A.NO.1458 OF 2007. ...RESPONDENTS Counsel for the Petitioner(S): 1. S.SYAM SUNDER RAO SC cum Spl P.P. For ACB Counsel for the Respondent: 1. PAPUDIPPU SASHIDAR REDDY 2. D SANGEETHA REDDY The Court made the following: 2 THE HON’BLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI CRIMINAL APPEAL No.1458 OF 2007 J U D G M E N T: The Criminal Appeal is preferred U/s.378 of Cr.P.C. questioning the acquittal of the respondent/accused officer herein C.C.No.9/1998, dated 30.09.2006 on the file of the Spl. Judge for SPE & ACB Cases, Vijayawada after obtaining permission from the Government vide Memo 586/Vig.Cell/2/1994-28, dated 27.07.07 of Transport, Roads & Buildings (Vig.Cell) Department. 02. Heard Sri S.Syam Sunder Rao, learned Special Public Prosecutor-cum-Standing Counsel for ACB representing the State/Appellant. None appeared for the legal representatives of the deceased/accused officer. 03. Learned Special Public Prosecutor-cum-Standing Counsel for ACB would submit that the appeal is preferred by the State against acquittal U/s.378 Cr.P.C. Pending appeal, the respondent/accused died. 04. In that view of the matter and in the light of section 394 Cr.P.C. the appeal filed by the State challenging the order of acquittal against the accused would abate when accused dies. 3 05. This view finds support from the judgment of the Hon’ble Apex Court in the case of Khem Singh (D) Through L.Rs Vs. State of Uttaranchal (Now Uttarakhand) & Another etc.,1. 06. The Hon’ble Supreme Court at para 11.1 of the judgment observed that “Sections 377 and 378 Cr.P.C. respectively deal with an appeal filed by the State Government against sentence and an appeal in case of acquittal. Such appeals are filed against the accused and therefore, when the accused dies such appeals would abate”. 07. In the case on hand, the appeal is preferred by the State Government against the order of acquittal, challenging the order of acquittal against the accused. 08. Admittedly, the accused died pending the appeal. Therefore, the appeal would abate. 09. Accordingly, the Criminal Appeal is dismissed as abated. This judgment be certified to the lower Court, as per section 405 of Cr.P.C. 1 2025 INSC 1024 4 As a sequel, Interlocutory Applications pending, if any, shall stand closed. _______________________ ___ JUSTICE B.V.L.N. CHAKRAVARTHI 24.02.2026 PSK 5 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI 108 CRIMINAL APPEAL No: 1458 OF 2007 Date: 24.02.2026 w PSK