Shaik Mahaboob Basha, vs The State Of A.P.,
2022 Latest Caselaw 8895 AP

Citation : 2022 Latest Caselaw 8895 AP
Judgement Date : 21 November, 2022

Andhra Pradesh High Court - Amravati

Shaik Mahaboob Basha, vs The State Of A.P., on 21 November, 2022

iN YHE HIGH COURT OF ANDHRA PRADESH AT AMARAYVAT!
MONDAY, THE TWENTY FIRST DAY OF NOVEMBER, TW vO x ROW SAND AND TWENTY FT
SPRESENT? 0 --
THE HONGURARLE SRI UUSTICE AN. RABVINDRA BABU
CRIMINAL APPEAL No. S37 of 2007
Between :

Shatk Mahal noab Basha, ee . basthagin, Mu

, aged about 3é years,

Resident of Konidedu Village, Kurnoal iste' et.
oo Appetant /ACCUSE
AND

Thy Leak fo aAwedie- mAaets ene Sues Meant, enn eek en: Le OY ieee at seth

Fhe State of Andhra Pradesh, rap. by Public Prasecutar, High Caurt af Andhra
song ot oe ; : aah 3 wo . .

Pradesh, Hyderabad, :

woo Responder
Petition under Section 374 (0) of Cr PLC, praying that in the circiusnstances
Stated in the graunds Mled the Criminal Petition, the High Caurt may be pleased to
pr esent this Memorandum of Criminal Appeal to this Honourable Court against the
Judgment made in SC & ST No. 39 of 2006 on the file of the Court of Spe cial Judge
for SC & ST (POA) Act- Cum- VE Adeitional District and Sessions Judge, Kurncal ,
dated 70.04.2007. oy
The petition coming on for hearing, upon perusing the Pet ion and the
grnunds fled In support thersef and earlier ¢ orders. of High Court dt. ee
made in crLA.M.P.No. 667 of 2007; order dt. 19-08-2016, 21-01-2021 and 14-10
2022 made herein and upon hearing the arguments of Sri Shaik Mahboob Bas!
Party-in-Person and of the Public Prosecutor for the Respondent, the Court made
the following
ORDER s- ;
"The Superintendent of Police, Nandyal caused production 'of the
appellant herein namely Shaik Mahaboob Basha, S/o. Dastagiri in execution af
the Non Ballabls Warrant vice his report to the e Registrar (Judicial).

Perused the proceadings sheet.

The issuance of Non-Ballable Warrant agaivist the appellant was preceded
by setting-aside the order of suspersion of sentence dated 25.04.2007. The
appellant having suffered canviction of Risarous Imprisonment for seven years
om the allegation under Section 376 (PC before the Court below, Mled the
instant Criminal Appeal and got the sentence suspended, pending disposal of
the Criminal Appeal vide order, dated 23.04. 2007 and {ater the said order was
set-aside followed by issuance of NBW on 19, 69. 2016. ae

Under fhe circumstances, the Registry. aS "directed te ertrust the
conviction warrant prepared by the trial Court af the me of conviction along
with the prisaner fe., appellant herein ta the Police Officer who produced the
appellant before this Court forthwith.

Contd. 2..



The appellant sought t time to engage a counsel an his behalt,

List the matter under. the < caption of 'For Hearing' an 28.11.2022 subject
to the appeliant engaging : 8 counsel, .

a KJ. RAJA BABY,

ASSISTANT REGISTRAR

To ne
1. The Special Judge fe

Atrocities} Act-cum
2. the e iber inte dent of PO

Ws and § Ys iPrevention af

i Sessions Judge, Kurnool.
By RPAD)

ce By RPAD}

iin Persar,

gr

Q
a3

Resident of Kondo Nllags,
2, The Superintendent, Central i
6. The Superintendent, Pheer et

?. The Registrar QGudic
3 ee sec fon oF Re

AP, : at AMS ravati.
Heh Court of A.P., at Ameravati,

of AP, AmaravalifOUuT]



HIGH COURT

AVRE,J

DATED 2 24-44-2022. 0 ce

ORDER

CRLA.NO.4S? of 2007 aaa

DIREC TION 00

IN THE HIGH COURT OF ANDHRA } PRADESH AT AMARAVA: MONDAY, THE TWENTY FIRST DAY OF NOVEMBER, TWO THOUSAND AND TWENTE

-PRESENT: a THE HONOURABLE SR JUSTICE A.V, RABVINDRA BABU CRIMINAL APPEAL No, 457 of £007"

Between :-

shaik Mahaboab Basha, S/o. Dasthagiri, Musifm, | aged about 32 years, Resident of Konidedu Vilage, Kurnool District, :

kava wd Appellant! 'Accused.

The § State of Andhra Pradesh, rep. b

y Public. Prosecutar, High Court of Andhra Praciesh., Ryderab acl, :

aaa

Felitien under Section 374 1) of Cr.P.C, praying that iy the crcumsta NCES stated in the grounds filed the. Criminal Fetition, the High ier urt may Se oleased to present this Memorandum of Criminal Appeal te this Horeurable Court against the Judgment made in SI & ST Ma. 39 of 2606 on | the file of the Court of Special Judge for SC & ST (PQA) Act- Cum- Vi Additional District ang : Ses sions Judge, Kurnoal , dated 1,04. 2007,

The petiiien coming on for hearing, 1 upon per using ihe Petiiion and the graunds fled in su poort thereof arid earlier orders of High Court dt. 20-04-2007 made in CridA M. P.No. Ga? of 2007; order dt. 19-0922016, 27-07-2021 and 14-10- 2022 made herein and spon hearing the arguments of Sri Shaik Mahboob Rasha, Party-in-Pearsan and of the Public Pre osecutor for the Respondent, the Court made the failawing oe ORDER :~

"in view af the note placed by the Registry, that the eeiviction warrant js nat avafiable and that they enquired with the Administrative officer, District Court, Kurnool and came to known that the watrant-was not sent along with the material part of the original Court record, the appellant herein namely Shaik Mahaboob Basha, S/o. Dastagiri, who is produced 'today in executian of the Warrant, is directed te be produced before theddarned Special Judge for trial of offences under the SCs and STs (POA) Act-cumi-Vi Additional District and Sessions Judge, Kurnool (for short, 'the learned. Special Juvige}, on 22.97, 2022 and on such production the learned Special: Judge shall issue convictio warrant afresh, and entrust the conviction avarrant along with the appl lantfaccused to the concerned Police tor lodge Nim in, the concerned prisan, -_ a.

Contd. 2.

Registry is directed) £6 cranamit & Copy of the judgrnent of the trial Court on SC. ST SC NG.39 of 2008, dated 40.04.2007, for immediate reference, 3200R after issuance of conviction warrant, the {earned Special judge shall alse addrass to the concerned Jail Authorities £6 get hack the original conviction warrant, HW any, tying with the Jail Authorities. "

gd/- Kd. RAJA BABY, ASSISTANT REGISTRAR

To me

1 The Speciat Judge f "Trial af-Ceses under SCs and STs Prevention of

Atrocities) Act-cum-Vi Additional District and Sessions Judge, Kurnaal, (By RAD along with a copy of dudigment in S.No. 39 of 2006, BE. (0-04-2007) ne

+ The Superintendent of alice, Kurnoct gystrict. (By RPAD)

4 The Superintendent of Police, tsndyal Distmct. (By RPAD slong with a copy 'af Judgment in 5.C.Ne. 39 of 2006, ae, 10-04-2007}

4 Shaik Matahoob Basha.

Resident of Konidedy ¥ Kuring) OYstrict.

5. The superintendent, & i Jat

& The Superintendent, O'S

7 The Registrar Judith ¥e

g The Section Officer,'

9 Two CC's ta Publ o

weet & e mew 3 tof AP. ab AMA aval).

LS pyh ~ yeh 7% at . SF :

_tiek Court of A.P., at Amaravali.