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
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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:
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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
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.
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As a sequel, interlocutory applications, if any, pending in
this case shall stand closed.
_______________________________
JUSTICE B.V.L.N. CHAKRAVARTHI
Dated: 25.02.2026
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85
THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI
CRIMINAL APPEAL NO:8 of 2021
Date: 25.02.2026
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