IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE B.N.RAO NALLA CRL.A.No.311 OF 2004 Date:02-02-2011 Between:- The Food Inspector, Rep.by the Public Prosecutor, High Court of A.P., Hyderabad. .. Appellant And Shahidmir Khan .. Accused/Respondent JUDGMENT:- The case was posted for hearing on 01-02-2011. As none appeared for the respondent-accused, it was posted to today. Today also, none appeared for the respondent-accused. The proceeding sheet dated 23-11-2010 reveals that the State preferred the present appeal against acquittal of the respondent- accused in C.C. No.16 of 2002 by the learned VII Metropolitan Magistrate, Hyderabad by judgment dated 27-04- 2002; that notice was ordered and the same was served on the respondent-accused on 17-02-2009 and in spite of the same, neither the accused appeared nor was there any representation on his behalf and hence, bailable warrant was ordered to be issued. The Assistant Commissioner of Police, Abids Division, Hyderabad had submitted the enquiry report while returning the unexecuted arrest warrant stating that when the house of the respondent-accused bearing Door No.13-1-638, Mangalhat, Hyderabad was visited, the wife of the respondent-accused informed that respondent-accused died on 03-12-2009 at Osmania General Hospital; that the record of the Osmania General Hospital is verified and it revealed that the respondent-accused was admitted into the hospital on 01-12-2009 since he was suffering from chronic diabetes and kidney disease and that he expired on 03-12-2009. The report has been enclosed with a copy of Death Summary issued by Osmania General Hospital and Burial Ground Report issued by Municipal Corporation of Hyderabad, which are to the same effect. Heard learned Public Prosecutor. He conceded the said report. Recording the said report, the Criminal Appeal is dismissed as abated. ____​_______________ B.N.RAO NALLA, J 2nd February, 2011 AMD