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2026 DAILYLAW 22136 (AP)

K.VENKATESHA CHOWDHURY v. THE STATE OF A.P., A.C.B., REP. BY SPL.P.P.

CRLA/380/2007 · 2026-02-16

B V L N Chakravarthi

Criminal Appealbody2026

Judgment text

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APHC010338472007 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] TUESDAY,THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL APPEAL NO: 380/2007 Between: 1. 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, ...APELLANT AND 1. 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. ...RESPODENT 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. IA NO: 1 OF 2007(CRLAMP 514 OF 2007 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. Counsel for the Apellant: 1. A DIWAKAR RAO Counsel for the Respodent: 1. S.SYAM SUNDER RAO SC cum Spl P.P. For ACB The Court made the following: 2 THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI CRIMINAL APPEAL No.380 of 2007 JUDGMENT: 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. 2. 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. 3. 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. 4. Accordingly, the Criminal Appeal is dismissed as abated. 3 As a sequel thereto, interlocutory applications, if any, pending in this Criminal Appeal shall stand closed. ______________________________ JUSTICE B.V.L.N. CHAKRAVARTHI 17th February, 2026 cbn 4 47 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI CRIMINAL APPEAL No: 380 of 2007 17th February, 2026 cbn