Telangana High Court

CRLA/1341/2007 of State , rep by Inspector of Plice, Vs Sri Y.Balaramaiah, on 31 December 2014

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U. DURGA PRASAD RAO Crl.A.M.P.No.2071 of 2014 in Crl.A.No.1341 of 2007 and Crl.A.No.1341 of 2007 Common Order: Heard Sri M.B.Thimma Reddy, learned Special Public Prosecutor (Spl.P.P.) for ACB cases and perused the petition. The Criminal Appeal is filed by the State against the acquittal of

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HON’BLE SRI JUSTICE U. DURGA PRASAD RAOCrl.A.M.P.No.2071 of 2014 in Crl.A.No.1341 of 2007andCrl.A.No.1341 of 2007

Common Order:

Heard Sri M.B.Thimma Reddy, learned Special PublicProsecutor (Spl.P.P.) for ACB cases and perused the petition.

The Criminal Appeal is filed by the State against theacquittal of sole accused of the charges under Sections 7 and13(1)(d)r/w 13(2) Prevention of Corruption Act, 1988 by theSpecial Judge for SPE and ACB cases, Vijayawada in hisjudgment dated 28.01.2006 in C.C.No.28 of 2001.

Learned Spl.P.P. submits that sole accused died pendingappeal on 24.12.2013 (vide death certificate filed along withpetition) and subsequent to his death, wife of the accused madea representation to the Government requesting to withdraw theCriminal Appeal and to release the full pensionary benefits toher and the Government in its Memo No.8738/Dy&Vig(2)/2000dated 01.09.2014 addressed to the Director General, AntiCorruption Bureau and requested him to appraise the matterbefore the High Court and see that Criminal Appeal is closed aswithdrawn.

Learned Spl.P.P. submits that in the light of GovernmentMemo, this petition is filed by the prosecution seekingwithdrawal of Criminal Appeal on the ground of its abatement.

On perusal of death certificate of Y.Balaramaiah (AO) andMemo dated 01.09.2014 addressed by the Principal Secretaryto Government, permission is accorded to the prosecution towithdraw the appeal.

Accordingly, Crl.A.M.P.No.2071 of 2014 is ordered.Consequently, the Criminal Appeal is dismissed as abated.

As a sequel, miscellaneous petitions pending if any shallstand closed.

_________________________

U. DURGA PRASAD RAO, J

Date: 31.12.2014

Note: Office to issue C.C in three days.

(b/o) Murthy

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