APHC010198882009 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] TUESDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL APPEAL NO: 319/2009 Between: 1. THE STATE OF AP REP BY ITS SPL. PP HYD.,FOR ACB.,VIS., RANGE, REP. BY ITS SPL. PUBLIC PROSECUTOR, FOR ACB., HIGH COURT OF A.P., AT HYDERABAD, THROUGH INSPECTOR OF POLICE, VISAKHAPATNAM RANGE, VISAKHAPATNAM. ...APPELLANT AND 1. L SURYANARAYANA LINE INSP APRTANSCO, Line Inspector, APRTANSCO, presently Known as Eastern Power Distribution Corp. Company of A.P., Aseelmetta, Visakhapatnam, R/o H.No. 45-37-57/2, ...RESPONDENT Appeal under Section 372/374(2)/378(4) of Cr.P.C praying that the High Court may be pleased to present this Memorandum of Crl.A., questioning the acquittal for the offence U/sec. 7 of P.C.Act, 1988, of the respondent / accused officer herein, in C.C.No.19 of 2001 on the file of the Spl.Judge for SPE & ACB Cases, Visakhapatnam, after obtaining the permission from the Govt. vide Memo No. 758/ Vig.A2/2000-9, dt.26-08-2008 of Engergy (Vig.) Department. 2 IA NO: 1 OF 2008(CRLAMP 2305 OF 2008 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 condone the delay of ''102'' days in presentation of the Crl.A., against the order passed in So far as the acquittal of Respondent / A.O., U/s 7 of PC., Act, 1988, in C.C.No.19 of 2001, on the file of the Spl.Judge for SPE & ACB Cases, Visakhapatnam. IA NO: 1 OF 2009(CRLAMP 824 OF 2009 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 grant Special leave permitting the Appellant to prefer an Appeal against the Acquittal U/s. 7 of P.C.Act, 1988, of the Respondent herein in C.C.No. 19/2001 on the file of the Spl. Judge for SPE and ACB Cases, Visakhapatnam. Counsel for the Appellant: 1. S.SYAM SUNDER RAO SC cum Spl P.P. For ACB Counsel for the Respondent: 1. A HARIPRASAD REDDY The Court made the following: 3 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI CRIMINAL APPEAL NO:319 of 2009 J U D G M E N T: Sri A.Hariprasad Reddy, learned counsel for the respondent/accused appeared through video conference. 2. Sri S.Syam Sunder Rao, learned Standing Counsel-cum- Special Public Prosecutor for ACB would submit that the appeal is filed by the State challenging the order of acquittal rendered by the trial Court for the offence under Section 7 of the Prevention of Corruption Act, 1988. He would further submit that pending the appeal, the respondent/accused died, and a copy of death certificate has been placed on record, which would disclose that the appellant/accused died on 14.07.2024. 3. Therefore, in the light of Section 394 of Cr.P.C. of 1973 corresponding to Section 435 of BNSS of 2023, the appeal stands abated in accordance with law. 4. Accordingly, the Criminal Appeal is disposed of as abated. As a sequel, interlocutory applications, if any, pending shall stand closed. _______________________________ JUSTICE B.V.L.N. CHAKRAVARTHI Dated: 10.02.2026 Pmk 4 72 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI CRIMINAL APPEAL NO:319 of 2009 Date: 10.02.2026 Pmk