THURSDAY .THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO .

PRESENT

THE HONOURABLE SRI JUSTICE A V RAVINDRA BABU

CRIMINAL APPEAL NO: 1044 OF 2009

Appeal under Section 374(2) of Cr.P.C aggrieved by the Judgment dated 21.07.2009 in S.C.No.6/2009 on the file of the Special Judge for N.D.P.S. Cases-Cum-Additional District & Sessions Judge, Ongole, Prakasham District

Between:

Bethireddy Ramanaiah, S/o Venkaiah, aged about 46years, Manual Labourer R/o Bhavanipuram, Kavali, Nellore District

...APELLANT/ACCUSED

AND

The Sate of Andhra Pradesh, Through the Prohibition and Excise Inspector, P and E Chimakurthy, Prakasam District, Rep. by the Public Prosecutor High Court of A.P., Hyderabad.

...RESPODENT/COMPLAINANT

i.A. NO:.1 OF 2009(CRLAMP. NO: 2145 OF 2009)

Petition under Section 389(1) of Cr.P.C 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 and fine in the Judgnient made in S.C.No.6/2009, dated. 21.07.09 on the file of the Special Judge for N.D.P.S. Cases — cum ⁷ Additional District & Sessions Judge, Ongole, and enlarge the petitioner on bail, pending disposal of the CrI.A.

Counsel for the Appellant(s): SRI. P SRIDHAR REDDY

Counsel for the Respondents: PUBLIC PROSECUTOR (AP)

The Court made the following: ORDER

THE HONOURABLE SRI JUSTICE A.V.RAVINDRA BABU

CRIMINAL APPEAL No.1044 OF 2009

ORDER:-

Station The House Officer. Special Enforcement Bureau, Chimakurthy, Prakasam District submitted death certificate of appellant, in view of the letter addressed by Public Prosecutor to the Inspector of Prohibition & Excise, Chimakurthy.

As seen from the death certificate, the appellant died.

Under the circumstances, the Criminal Appeal is dismissed as abated. There shall be no order as to costs.

Miscellaneous petitions pending, if any, shall stand closed.

//TRUE COPY//

DEPUTY REGISTRAR SECTION OFFICER

SD/- M. RAMESH BABU

To,

1. The Special Judge for N.D.P.S Cases-Cum-Additional District & Sessions Judge, Ongole, Prakasham District The Special Judicial 1^st Class Magistrate (Excise) Ongole, Prakasham District

2. The Superintendent, Central Prison, Nellore

3. The Station House Officer, Prohibition & Excise P.S., Chimakurthy, Prakasham District

• 5. One CC to SRI P SRIDHAR REDDY, Advocate [OPUC]
• 6. Two CCs to the Public Prosecutor, High Court of AP at Amaravathi [OUT]
• 7. One CC to the Section Officer, Criminal Section, High Court of A.P at Amaravathi [OUT]
• 8. Two CD Copies

$Trt$ sree M.M.Box

ORDER

CRLA.No.1044 of 2009

DISMISSING THE CRL.A AS ABATED