Andhra Pradesh High Court
CRIMINAL APPEAL 1224 of 2009 on 19 July 2001
f
APHC010461972009
IN THE HIGH COURT OF ANDHRA PRADESHAT AMARAVATI
WEDNESDAY, THE TWENTIETH DAY OF AUGUSTTWO THOUSAND AND TWENTY FIVE
PRESENT
HONOURABLE SRI JUSTICE T.MALLIKARJUNA RAO
CRIMINAL APPEAL NO: 1224 OF 2009
Appeal under Section 378(3) & (1) of Cr.P.C against the Judgment,dated 19-07-2001 passed in S.C.No.123 of 2001 on the file of the PrincipalAssistant Sessions Judge, Kurnool, Kurnool District.
Between:
State:rep. by the Public Prosecutor, High Court of AndhraPradeshatAmaravati.
...Appellant
AND
TeluguVenkateswarlu,S/o.Pullanna, aged45years,SeetharampuramVillage, Bethamcherla Mandal.
...Accused/Respondent
Counsel for Appellant: Assistant Public Prosecutor Counsel for Respondent: Sri Lakshmikanth Reddy Desai The Court made the following:
APHC010461972009
IN THE HIGH COURT OF ANDHRA PRADESHAT AMARAVATI(Special Original Jurisdiction)
[3369]
WEDNESDAY,THE TWENTIETH DAY OF AUGUSTTWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE T. MALLIKARJUNA RAO
CRIMINAL APPEAL NO: 1224/2009
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Between:
1.STATE: REP.BY THE PUBLIC PROSECUTOR, HIGH COURT[OF]ANDHRA PRADESH, HYDERABAD.
...APPELLANT
AND
1.TELUGU VENKATESWARLU, S/o.PULLANNA, SEETHARAMAPURAMVILLAGE, BETHAMCHERLA MANDAL.VILLAGE, BETHAMCHERLA MANDAL.
...RESPONDENT
Appeal under Section 372/374(2)/378(4) of Cr.P.C praying that the HighCourt may be pleasedto presentthis Memorandumof Criminal Appealagainst the Judgment in S.C.No. 123/2001 on the file[of][ the][ PrI.][ Asst.][ Sessions]Judge, Kurnool dated 19.07.2001 and prays that this Hon'ble Court may bepleasedtosetasidetheorderofacquittalandconvicttheaccused(respondent) for the offence with which he was charged.
lA NO: 1 OF 2009(CRLAMP 1335 OF 2009
Petition under Section 151 CPCpraying that in the[circumstances][ stated]in the affidavit filed in support of the petition, the High Court may be pleased tocondone the delay of 2570 days in representing the above appeal presentedagainst the Judgment in S.C.No. 123/2001 on the file of the Principal AssistantSessions Judge,^ Kurnool.
Counsel for the Appellant:
1. PUBLIC PROSECUTOR (AP)
Counsel for the Respondent:
1.LAKSHMIKANTH REDDY DESAI
The Court made the following:
JUDGMENT
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1. This Criminal Appeal is filed by the Appellant/State, challenging thejudgment,dated19.07.2001,wherebythelearnedPrincipalAssistantSessions Judge,Kurnool(for short,‘the Sessions Judge’)acquittedtheRespondent/Accused for the offence punishable under Section 354 of IndianPenal Code, 1860 (for short, ‘IPC’).judgment,dated19.07.2001,wherebythelearnedPrincipalAssistantSessions Judge,Kurnool(for short,‘the Sessions Judge’)acquittedtheRespondent/Accused for the offence punishable under Section 354 of IndianPenal Code, 1860 (for short, ‘IPC’).2.Heard learned Assistant Public Prosecutor representing Appellant/Stateand learned counsel for the Respondent/Accused.and learned counsel for the Respondent/Accused.
3. Today, when the matter is taken up for hearing, the learned AssistantPublic Prosecutor representing the Appellant/State submitted that the Sub-InspectorofBethamcherlaPoliceStationhadcommunicatedbyletter,informinghimof thedeathof TeluguVenkateswarlu,alsoknownasChennammagari Venkateswarlu, who passed away on 21.01.2004. A copy ofthe Death Certificate has also been filed.
4. A perusal of the Death Certificate shows the name of the deceased asChennammagari Venkateswarlu. When the Registry noted this discrepancy,the Investigating Officer clarified that Telugu Venkateswarlu is also known asChennammagari Venkateswarlu. The Investigating Officer ftfrther stated thatheconductedaninquiryinSeetharamapuramVillageandobtainedconfirmation from the Village Revenue Officer regarding[the][ accused’s][ name.]TheVillage RevenueOfficer confirmedthat Telugu VenkateswarluandChennammagari Venkateswarlu, are indeed the same individual. In support ofthis, the Sub-Inspector of Police also submitted the Village Revenue Officer’scertificate.Chennammagari Venkateswarlu. When the Registry noted this discrepancy,the Investigating Officer clarified that Telugu Venkateswarlu is also known asChennammagari Venkateswarlu. The Investigating Officer ftfrther stated thatheconductedaninquiryinSeetharamapuramVillageandobtainedconfirmation from the Village Revenue Officer regarding[the][ accused’s][ name.]TheVillage RevenueOfficer confirmedthat Telugu VenkateswarluandChennammagari Venkateswarlu, are indeed the same individual. In support ofthis, the Sub-Inspector of Police also submitted the Village Revenue Officer’scertificate.
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5. Having considered the material on record and being[satisfied][ with][ the]clarification provided by the Investigating Officer, this Court is of the opinionclarification provided by the Investigating Officer, this Court is of the opinion that, since the accused has passed away, the appeal[is][ liable][ to][ be][ dismissed]as abated.
6. Accordingly, the Criminal Appeal is dismissed as abated.
Miscellaneous applications pending,if any, in this[appeal,][ shall][ stand]
closed.
Sd/- M RAMESH BABUDEPUTY REGISTRAR
//TRUE COPY//
SECTION OFFICER
To,
1. The Principal Assistant Sessions Judge, Kurnool, KurnoolDistrict.(With records)(With records)2.The Judicial Magistrate of First Class, Dhone, Kurnool[District.]3.TheStationHouseOfficer,BethamcherlaPoliceStation,KurnoolDistrict.3.TheStationHouseOfficer,BethamcherlaPoliceStation,KurnoolDistrict.4.One CC to Sri Lakshmikanth Reddy Desai, Advocate [OPUC]5.Two CCs to the Public Prosecutor, High Court of Andhra[Pradesh][ at]Amaravati [OUT]5.Two CCs to the Public Prosecutor, High Court of Andhra[Pradesh][ at]Amaravati [OUT]6.The Section Officer, Criminal Section, High Court of[Andhra][ Pradesh]at Amaravati.at Amaravati.7.Two CD CopiesBSVsreesree HIGH COURTDATED:20/08/2025
JUDGMENTCRLA NO. 1224 OF 2009
mi or OCT 2525r/^Current sseciion
DISMISSING THE CRIMINAL APPEALAS ABATED
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