IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD TUESDAY THE EIGHTH DAY OF FEBRUARY TWO THOUSAND AND ELEVEN PRESENT THE HONOURABLE SRI JUSTICE B.N.RAO NALLA CRIMINAL APPEAL No. 1761 OF 2001 Between: G.Syed Basha, Sub-Inspector of Police, Rural Police Station Kadiri, Ananthapur district. … Appellant V/s. The State of Andhra Pradesh Represented by its Spl.Public Prosecutor Anti-Corruption Bureau Cases, High Court of AP Hyderabad. … Respondent Counsel for the appellant : Sri T.Nagarjuna Reddy Counsel for the respondent : Spl. Public Prosecutor for ACB Cases The Court made the following : (Judgment follows 2nd page) THE HONOURABLE SRI JUSTICE B.N.RAO NALLA CRIMINAL APPEAL No. 1761 of 2001 JUDGMENT : This Criminal Appeal is filed against the judgment dated 03-11-2001 passed in CC. No.6 of 1997 by the learned Additional Special Judge for SPE & ACB Cases cum V-Additional Chief Judge, City Civil Court, Hyderabad, whereby and whereunder the appellant- accused was found guilty of the offence under Sections 7 and 13 (1) (d) of Prevention of Corruption Act, 1988 (for short ‘the Act’) and he was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.1,000/- in default to undergo simple imprisonment for three months for the offence under section 7 of the Act. He was further sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.1,000/-, in default, to suffer simple imprisonment for three months for the offence under section 13 (1) (d) read with 13 (2) of the Act. 2. As none appeared for the appellant on 02-02-2011, the matter was posted to 07-02-2011 and again on that day also as none appeared for the appellant, the appeal is posted to today. 3. Today also none appears for the appellant and there is no representation on his behalf. It is a trap case. The appellant was convicted and sentenced as referred supra. Aggrieved by the said impugned order of conviction, the appellant filed this criminal appeal. 4. Sri Mohammed G. Shafi, the brother of the appellant filed implead petition in Crl.MP.No. 1814 of 2010 seeking himself to be impleaded in the matter as appellant in the place of his deceased brother, who died on 29-05-2009. He also filed death certificate dated 10-06-2008 and burial certificate issued by the Executive Officer, Peddathippasamudram Gram Panchayath, Chittoor district. However, on 21-10-2010, the implead petition, was ordered considering that there was no impediment in granting leave to him to continue the appeal after the death of his deceased brother. However, none appears for the appellant, who is the brother of the deceased accused and there is no representation on his behalf as has already been stated in paragraph No.2 supra. Therefore, the Criminal Appeal is liable to be dismissed as abated since the main accused expired. 5. In the result, the Criminal Appeal is dismissed as abated and also for non-prosecution. ________________________ JUSTICE B.N. RAO NALLA 08-02-2011 I s L THE HONOURABLE SRI JUTICE B.N. RAO NALLA CRL.APPEAL No. 1761 of 2001 CIRCULATION ENTRY No. Computer No. 43 08-02-2011 I s L