Duppareti Eswara Rao vs The State Of Andhra Pradesh on 25 February, 2026

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    Andhra Pradesh High Court – Amravati

    Duppareti Eswara Rao vs The State Of Andhra Pradesh on 25 February, 2026

    APHC010014232021
    
                        IN THE HIGH COURT OF ANDHRA
                            PRADESH AT AMARAVATI            [3368]
                          (Special Original Jurisdiction)
    
       WEDNESDAY, THE TWENTY FIFTH DAY OF FEBRUARY
             TWO THOUSAND AND TWENTY SIX
    
                                PRESENT
    
     THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI
    
                       CRIMINAL APPEAL NO: 8/2021
    
    Between:
    
       1. DUPPARETI ESWARA RAO, ESWARA RAO S/O RAJU,
          AGED 39 YRS R/AT 34-5-30/10 SEBASTIAN COLONY,
          GNANAPURAM , VISAKHAPATNAM.
    
       2. DUPPERTI ARUNA, W/O ESWARA RAO AGED 30 YRS
          ,D.NO.34-5-30/10 SEBASTIAN COLONY, GNANAPURAM
          VISAKHAPATNAM.
    
                                                  ...APPELLANT(S)
                                   AND
    
       1. THE STATE OF ANDHRA PRADESH, THROUGH THE
          ASSISTANT COMMISSIONER OF POLICE NORTH SUB-
          DIVISION, VISAKHAPATNAM CITY REP., BY ITS PUBLIC
          PROSECUTOR HIGH COURT AT AMARAVATHI.
    
       2. SMT THAMARANA ESWARAMMA, W/O NOT KNOWN ,
          AGED MAJOR    SEBASTIAN COLONY, GNNAPURAM
          VISAKHAPATNAM.
    
                                               ...RESPONDENT(S):
    
          Appeal under Section 372/374(2)/378(4) of Cr.P.C praying
    that the High Court may be pleased to pass an Order to Set-
    Aside the Judgment passed in S.C.No.05/2012 dated 28-12-2020
    on the file of Spl Sessions Judge For Trial of Cases Under SC
    and     ST (POA) Act Cum -XI- Additional District Judge
    Visakhapatnam as against the Accused No.1 and 2 by Conviction
                                     2
    
    
    and Sentence passed dt.06-01-2021 in the interest of the justice
    and pass
    
    IA NO: 1 OF 2021
    
          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 suspension of
    sentence passed in sc no.5/12 dt.28.12.2020 on the file of special
    session judge for trail of cases under SCs &STs (POA) Act cum
    XI ADJ Vishakapatnam as against the A1 & A2 by granting a bale
    to the petitioners /A1 & A2
    
    Counsel for the Appellant(S):
    
       1. R SIVA SAI SWARUP
    
    Counsel for the Respondent(S):
    
       1. PUBLIC PROSECUTOR (AP)
    
    The Court made the following:
                                      3
    
    
     THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI
    
                   CRIMINAL APPEAL NO: 8 of 2021
    
    J U D G M E N T:

    Sri R.Siva Sai Swarup, learned counsel for the appellants

    would submit that another appeal was filed for the appellant vide

    SPONSORED

    Crl.A.No.10 of 2021. In that appeal, this Court passed an order

    dated 27.01.2021 suspending the sentence of imprisonment

    2. This appeal was filed during COVID-19 pandemic without

    noticing that Crl.A.No.10 of 2021 was also filed for the very same

    appellant. Therefore, the appellant may be permitted to withdraw

    the present appeal, as another appeal is already pending.

    3. Heard Sri K.Sandeep, learned Assistant Public Prosecutor

    representing the State.

    4. Considering the above submissions, permission is

    accorded.

    5. Accordingly, the Criminal Appeal is dismissed as withdrawn

    in the light of pendency of Crl.A.No.10 of 2021 before this Court.
    4

    As a sequel, interlocutory applications, if any, pending in

    this case shall stand closed.

    _______________________________
    JUSTICE B.V.L.N. CHAKRAVARTHI
    Dated: 25.02.2026
    Pmk
    5

    85

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

    CRIMINAL APPEAL NO:8 of 2021

    Date: 25.02.2026
    Pmk



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