APHC010170732009 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3605] FRIDAY, THE 31st DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE ALAPATI GIRIDHAR CRIMINAL APPEAL NO: 804 of 2009 Between: 1. SRI YEJJALA PRASADA RAO, S/O LATE PRAKASH, MANDAL REVENUE OFFICER GURLA MANDAL, VIZIANAGARAM DIST. ...APELLANT AND 1. THE STATE OF A P THROUGH ACB VIZIANAGARAM RANGE, THROUGH INSPECTOR OF POLICE, ACB, VIZIANAGARAM RANGE, REP. BY THE SPL.PUBLIC PROSECUTOR FOR ACB CASES, HIGH COURT OF A.P. ...RESPODENT 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 grounds of Crl.A., to this Hon'ble Court against the Judgment of the Spl. Judge for ACB Cases, Visakhapatnam in C.C.No.7 of 2003, dated 08.06.09. IA NO: 1 OF 2009(CRLAMP 1839 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 suspend the execution of sentence passed by the Spl. Judge for ACB Cases, Visakhapatnam in C.C.No.7 of 2003, dated 08.06.09, and release the petitioner on bail, pending disposal of the Crl.A. Counsel for the Appellant: 1. D SANGEETHA REDDY Counsel for the Respondent: 1. S.SYAM SUNDER RAO SC cum Spl P.P. For ACB The Court made the following: THE HONOURABLE SRI JUSTICE ALAPATI GIRIDHAR CRIMINAL APPEAL NO: 804 of 2009 JUDGMENT:- The learned Standing Counsel for the Respondent submits that the Appellant/ Accused died on 13.10.2015 and filed a Memo to that effect. 2. The Proceedings Sheet would show that the Criminal Appeal is being listed and adjourned from time to time. On 04.07.2023, Mr. A. Hari Prasad Reddy, learned counsel, represented that he would like to appear in the place of earlier counsel and sought time. On 22.12.2025 and 17.07.2026 also none appeared for the Appellant/ Accused. The family members of the Appellant/ Accused appears did not consult with their counsel as to file Memo before the Court, equally, the S.H.O concerned shall prosecute the Appeal with diligence giving suitable instructions from time to time but the SHO even did not know the status of the Appellant/Accused and also did not file the Death Certificate of the Appellant/ Accused for all these years, which they supposed to file within couple of days after death of the Appellant/ Accused. Thus, it appears the family members of the Appellant and also the S.H.O concerned kept the Court in dark for all years, the matter is being listed on several occasions; consequently this Court on 17.07.2026 had issued Bailable Warrant against the Appellant/ Accused for ensuring his presence and for hearing of the Criminal Appeal as the death is not brought to the notice of the Court. 3. In view of the aforesaid circumstances, the Criminal Appeal is disposed of as abated under Section 394 of Code of Criminal Procedure, 1973 (Cr.P.C). As a sequel, miscellaneous applications pending, if any, shall stand closed. _________________________ JUSTICE ALAPATI GIRIDHAR Date: 31.07.2026 KK