APHC010547072007 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: 1379/2007 Between: 1. STATE REP BY INSPECTOR OF POLICE,, REP.BY INSPECTOR OF POLICE, ANTI-CORRUPTION BUREAU, VISAKHAPATNAM. ...APELLANT AND 1. SRI B SURYA MANIKYA RAO AND ANOTHER, MINOR IRRIGATION, C.E.R.P., VIZIANAGARAM, (SINCE RESPONDENT NO.1 DIED, CASES AGAINST HIM WAS ABATED) 2. SRI K RAJA BABU, ASST. ENGINEER, C.E.R.P., SUB- DIVISION , S.KOTA, VIZIANAGARAM DIST ...RESPODENT(S): Appeal under Section 372/374(2)/378(4) of Cr.P.C praying that the High Court may be pleased to to present this Memorandum of Criminal Appeal questioning the Acquittal of the Respondent/Accused Officer No.2 herein CC.No. 36/2000, dt.12.7.2005 on the file of the Spl. Judge for SPE and ACB Cases, Visakhapatnam after obtaining permission from the Government vide Govt. Memo No.65529/Sec.VI (2) 93-94, Dt.07.03.2006 of Irrigation CAD (Ser.VI) Department IA NO: 1 OF 2007(CRLAMP 1408 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 condone the delay of ''496'' days in Re- presentation of the Crl.A.(SR) No.5367/2006 against the Order passed in CC.No. 36/2000, dt.12.7.2005 on the file of the Spl. Judge for SPE and ACB Cases, Visakhapatnam. 2 IA NO: 2 OF 2007(CRLAMP 1811 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 condone the delay of (64) days in presentation of the Crl.A.(SR) No.5367/2006 against the Order passed in CC.No. 36/2000, dt.12.7.2005 on the file of the Spl. Judge for SPE and ACB Cases, Visakhapatnam. Counsel for the Apellant: 1. S.SYAM SUNDER RAO SC cum Spl P.P. For ACB Counsel for the Respodent(S): 1. D SANGEETHA REDDY 2. K SRINIVASA RAO The Court made the following: 3 THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI CRIMINAL APPEAL No.1379 of 2007 JUDGMENT: When the matter is taken up for hearing, Sri S. Syam Sunder Rao, learned Standing Counsel – cum - Special Public Prosecutor for ACB, appearing for the appellant–State, submits that the 1st respondent/A1 died on 28.05.2004 during the pendency of the trial, and that the 2nd respondent/A2 died on 18.12.2017 during the pendency of the appeal. In this regard, the prosecution has filed a memo dated 19.02.2026 before the Registry, along with copies of the death certificates of the deceased respondents/A1 and A2. 2. There is no representation on behalf of the 1st respondent/A1. 3. Sri K. Srinivasa Rao, learned counsel for the 2nd respondent/A2, submits that the 2nd respondent/A2 died on 18.12.2017 during the pendency of the appeal and that the legal representatives of the deceased 2nd respondent/A2 have not come forward seeking leave to continue the appeal. 4. In view of the submissions made by the learned Standing Counsel – cum - Special Public Prosecutor for ACB appearing for the appellant–State, and as none of the legal representatives of the deceased respondents/A1 and A2 have come forward seeking leave to continue the appeal, as contemplated under Section 394 of the Code 4 of Criminal Procedure, the appeal stands abated against respondents/A1 and A2 under Section 394 of the Code of Criminal Procedure. 5. Accordingly, the Criminal Appeal is dismissed as abated. As a sequel thereto, interlocutory applications, if any, pending in this Criminal Appeal shall stand closed. ______________________________ JUSTICE B.V.L.N. CHAKRAVARTHI 24th February, 2026 cbn 5 169 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI CRIMINAL APPEAL No: 1379 of 2007 24th February, 2026 cbn