Andhra Pradesh High Court

CRLA/520/2010 of The State of Andhra Pradesh Vs Doddamreddy Madhu @ Madhu Sudhana Reddy on 26 February 2026

Cites 1, Cited by 0

HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] FRIDAY, THE TWENTY SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL APPEAL NO: 520/2010 Between: 1. THE STATE OF ANDHRA PRADESH, REP. BY THE PUBLIC

APHC010381672010

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI

(Special Original Jurisdiction)

FRIDAY,THE TWENTY SEVENTH DAY OF FEBRUARY

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI

CRIMINAL APPEAL NO: 520/2010

Between:

1. THE STATE OF ANDHRA PRADESH, REP. BY THE PUBLIC

PROSECUTOR HIGH COURT OF ANDHRA PRADESH, HYDERABAD.

...APELLANT

AND

1. DODDAMREDDY MADHU MADHU SUDHANA REDDY, S/o.

Malakonda Reddy Yerukollu Village, Duttalur Mandal, Nellore District.

...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 Criminal Appeal against the judgement in S.C. No. 394 / 2007 on the file of the Assistant Sessions Judge, Kovvur, dt. 16-10-2008 and prays that this Hon'ble Court may be pleased to set aside the order of acquittal and convict the accused (Respondent) for the offences with which he was charged.

IA NO: 1 OF 2009(CRLAMP 2928 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 condone the delay of "272" days in presenting the appeal against the order of acquittal of the accused /

respondent in S.C. No. 394 / 2007 on the file of the Assistant Sessions Judge, Kovvur, dt. 16-10-2008.

Counsel for the Apellant:

1. PUBLIC PROSECUTOR (AP)

Counsel for the Respodent:

1. N NARASIMHA RAO

The Court made the following:

THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI

CRIMINAL APPEAL No.520 of 2010

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

1

Decisions referred to

In this index

1

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

JUDGMENT:

The present Criminal Appeal is preferred under Section 378 Cr.P.C. questioning the acquittal of the respondent/accused herein in S.C. No.394 of 2007, dated 16.10.2008, on the file of the learned Assistant Sessions Judge, Kovvur.

2. Heard Sri S. Syam Sunder Rao, learned Standing Counsel – cum - Special Public Prosecutor for ACB, appearing for the appellant– State. None appeared for the respondent/accused.

3. Learned Special Public Prosecutor – cum Standing Counsel for ACB would submit that the appeal is preferred by the State against acquittal under Section 378 Cr.P.C. Pending the appeal, the respondent/accused died.

4. In that view of the matter and in the light of Section 394 Cr.P.C., the appeal filed by the State challenging the order of acquittal against the accused would abate when accused dies.

5. This view finds support from the judgment of the Hon’ble Apex Court in the case of Khem Singh (D) Through L.Rs Vs. State of Uttaranchal (Now Uttarakhand) & Another etc.,1.

1 2025 INSC 1024

6. The Hon’ble Supreme Court at para 11.1 of the judgment observed that “Sections 377 and 378 Cr.P.C. respectively deal with an appeal filed by the State Government against sentence and an appeal in case of acquittal. Such appeals are filed against the accused and therefore, when the accused dies such appeals would abate.”

7. In the case on hand, the appeal is preferred by the State Government against the order of acquittal, challenging the order of acquittal against the accused.

8. Admittedly, the accused died pending the appeal. Therefore, the appeal would abate.

9. Accordingly, the Criminal Appeal is dismissed as abated. This Judgment is certified to the lower Court, as per Section 405 Cr.P.C.

As a sequel thereto, interlocutory applications, if any, pending in this Criminal Appeal shall stand closed.

______________________________ JUSTICE B.V.L.N. CHAKRAVARTHI 27th February, 2026 cbn

THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI

CRIMINAL APPEAL No: 520 of 2010

27th February, 2026 cbn

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead