CIVIL APPEAL 2544 of 2011 on 14 December 2011

1. KONDEPUDI VIJAYA KUMAR, S/O SREE RAMULUNAIDU, INFORMATIC ASSISTANCE R/O TRASARY COLONY, PRATHAP NAGAR, KAKINADA, E.G.DIST.INFORMATIC ASSISTANCE R/O TRASARY COLONY, PRATHAP NAGAR, KAKINADA, E.G.DIST.

...PETITIONER

AND

1. THE STATE OF A P ANOTHER, REPRESENTED BY ITSPROSECUTOR, HIGH COURT OF ANDHRA P PUBLIC RADESH, HYDERABAD. THROU.G.DIST.PROSECUTOR, HIGH COURT OF ANDHRA P PUBLIC RADESH, HYDERABAD. THROU.G.DIST.

2. NAIDU SATYA MURTNESS R/O BURMA COLONY, KAKINADA, E.G.DIST.BURMA COLONY, KAKINADA, E.G.DIST.

...RESPONDENT(S):

Revision filed under Section 397/401 of CrPC praying that in the circumstances stated in theCase, the High Court may affidavit filed in support of the Crimin be pleased to present this Crl.R.C., aal Revision gainst the judgment and sentence paC.No.02 of 2008 on the file of the CKakinada, E.G.Dist., as cossed by the learned Magistrate in C.ourt of the V Addl. Judl. First Class nfirmed in the judgment and sentencCrl.A.No.130 of 2010 on the file of the III Addl. Sessions Judge,E.G.Dist.

IA NO: 1 OF 2011 (CRLRCMP 3851 OF 2011

Petition under Section 151 CPC praying that in the circumstanin the affidavit filed in support of the petition, the High Court may be dispense with the filing of certified copy as well as typed copy of the Order in C.C.No.02 of 2008 on the file of the Court of the V Addl. Judl. First Class Magistrate, Kakinada, E.G.Dist.

IA NO: 2 OF 2011(CRLRCMP 3861 OF 2011

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 operation of the sentence as imposed in the judgment as made in C.C.No.02 of 2008 on the file of the Court of the V Addl. Judl. First Class Magistrate, Kakinada, E.G.Dist., as confirmed in the judgment and sentence made in Crl.A.No.130 of 2010 on the file of the III Addl. Sessions Judge, Kakinada, E.G.Dist., and enlarge the petitioner on bail, pending disposal of the Crl.A.

Counsel for the Petitioner:

1. V SAI KUMAR

Counsel for the Respondent(S):

1. PUBLIC PROSECUTOR (AP)

The Court made the following ORDER:

1. The present Criminal Revision Case, filed under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for brevity, ‘Cr.P.C.'), is preferred by the petitioner/accused, challenging the Judgment dated 14.12.2011 passed in Crl.A.No.130 of 2010 by the learned III Additional District and Sessions Judge, Kakinada (for short, ‘the 1[st] Appellate Court’). By the said Judgment, the 1[st]Appellate Court dismissed the appeal, confirming the Judgment of conviction and sentence passed by the learned V Additional Judicial Magistrate of First Class, Kakinada, (for short, the ‘Trial Court’) in C.C.No.2 of 2008 dated 15.04.2010.

2. Today, when the matter was taken up for hearing, the learned counsel for the petitioner/accused appeared. The learned Assistant Public Prosecutor representing the 1[st] respondent/State submitted a report, enclosing a copy of the death certificate of the petitioner/accused, as furnished by the Inspector of Police, II Town Police Station, Kakinada.

3. Heard both sides.

4. A perusal of the report indicates that the petitioner/accused passed away on 26.08.2023. Despite the petitioner’s demise nearly two years ago, no steps have been taken by the complainant to implead the legal representatives of the deceased petitioner as proposed parties. Likewise, the legal representatives of the petitioner themselves have not come forward to be brought on record as parties to the proceedings.

5. Upon considering the submissions advanced on behalf of both sides and in view of the death of the petitioner/accused, the cause of the Criminal Revision Case no longer survives.

6. In the result, the Criminal Revision Case is dismissed as abated.

Interim orders, if any, granted earlier shall stand vacated, and all pending miscellaneous petitions, if any, shall stand closed.

________________________

T. MALLIKARJUNA RAO, J

sss

Date: 13.10.2025 S A K

61

S A K

THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO

Criminal Revision Case No.2544 of 2011

Date: 13.10.2025