Shaik Imam Saheb vs The State Of A.P. Another
2022 Latest Caselaw 9360 AP

        HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

MAIN CASE No.: Crl.R.C.No.1886 of 2008

                           PROCEEDING SHEET

Sl.No
                                            ORDER

DATE

5. 06.12.2022 AVRB, J

Notice sent to the petitioner is returned, as whereabouts are not known. This Court ordered notice to the petitioner as the counsel for the petitioner, passed away. Notice is sent to the registered address is returned, as whereabouts are not known.

The petitioner filed this Criminal Revision Case challenging the judgment in Criminal Appeal No.410 of 2006, dated 04.04.2008 under which, the Appellate Judge confirmed conviction awarded by the learned Magistrate.

It is further found that notice was sent to Respondent No.2 earlier was not returned. Respondent No.2 is no other than the complainant before the Court below, whose presence is necessary before this Court to decide this Criminal Revision Case. It is the duty of the petitioner to see that notice would be served on the respondent No.2. As verified, the petitioner got sentence of imprisonment suspended on filing the Criminal Revision Case.

Now the fact is that, the counsel for the petitioner passed away and when this Court ordered notice, it is not served as whereabouts are not known. Even the petitioner did not serve notice on the respondent No.2/complainant. It is the bounded duty of the petitioner to pursue the case by contacting his counsel.

If the petitioner is evincing any interest, definitely he would have known about the death of his counsel and would have engaged the counsel.

Under the circumstances, put it under the caption 'for dismissal' with a condition that the petitioner shall take notice to respondent No.2/complainant and to represent as to the service of the notice on respondent No.2/complainant.

If there is no representation on next date, default order be followed accordingly.

List the matter on 28.12.2022.

___________ AVRB, J AG