Dannamaneni Linga Rao v. The State Of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY ,THE FIFTEENTH DAY OF NOVETUBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE DR. JUSTICE D.NAGARJUN CRIMINAL APPEAL NO: 3282 OF 2018 Criminal Appeal filed Under Section 378 (4) of Cr.P.C against the Docket Order made in C.C.No.548 o'f 2016 dated 31.10.2018 on the file of the Court of the Judicial Magistrate of First Class (Spl.Mobile) at Karimnagar District. Between:

Dannamaneni Linga Rao, S/o. [Vleena Rao, Aged. 60 years, Occ - Agriculture, Fi./o. Nusthulapoor village of Thimmapur Mandal of Karimnagar District. ...AppellanUComplainant AND

1. The State of Telangana, through Public Prosecutor, High Court at Hyderabad.

...Respondent

2. P. Rajashekar Rao, S/o. Venkata Rao, Aged. 50 years, Occ - Business, Rl/ o. H.No. B-3-167/Ry34-AB, Flat No. 507, sth Floor, Parkway Residency, Rajeevnagar, Yousufguda, Hyderabad.

... RespondenUAccused Counsel for the Appellant : SRl. K.VENUMADHAV Counsel for the Respondent No.1 : Sri S.GANESH, Assitant Public Prosecutor The Court made the following: JUDGMENT

THE HONOURABLE DR. JUSTICE D.NAGARJUN CRIMINAL APPEAL No.3282 of 2018 JUDGMENT:

This Criminal Appeal is filed aggrieved by the docket Order dated 31.10.2018 in C.C.No.548 ol 2016 on the file of the learned Judicial Magistrate of First Class, (Spl. Mobile), at Karimnagar, wherein the complaint was dismissed for non-prosecution and the accused is acquitted under Section 256 of Criminal Procedure Code. \

02. Sri Ii.Vcnumadhav, Iearne d counsel lor the appellant as well as Sri S.Ganesh, learned Assistant Public Prosecutor representing the State/respondent No. I are present.

03. Sri K.Venumadhav, learned counsel for the appellant filed memo along with postal cover which was returned with an endorsement that "Deceased - returned to sender". Sincc, respondent No.2/accused is no more I I and appellant herein is challenging the Orders passed by the trial Court in C.CNo.548 of 2016 dated 31.10.2018,

, \ wherein no cause of action survives on account of death oi respondent No.2/accused.

04. In view of the above submissions, this Criminal Appeal is liable to be dismissed.

05. Accordingly, this Criminal Appeal is dismissed as abated. No order as to costs.

As a sequel, pending Misceilaneous Applications, if any, shali stand closed.

/ / / Sd/. K.SRINIVASA RAO JOINT REGISTRAR .'t . \,', .

//TRUE COPY// SECTION OFFICER To,

1. The Judicial Magistrate of First Class (Spl.Mobile) at Karimnagar

2. One CC to Sri K.Venumadhav, Advocate (OPUC)

3. Two CCs to public prosecutor, High Court for the State of Telangana at Hyderabad (OUT)

4. Two CD Copies PR Pr^ C.

I

HIGH COURT Dr. DNRJ DATED:1 511112022 1HE srA o l,) 1 O FEB 2121

JUDGMENT

'.+e CRL.A.No.3282 of 2018 DISMISSING THE CRL.APPEAL AS ABATED.

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