Shaik Mahaboob Basha, vs The State Of A.P.,
2022 Latest Caselaw 7849 AP

HIGH COURT OF ANDHRA PRADESH :: AMARAVATHI

CRIMINAL APPEAL No.457 OF 2007

PROCEEDING SHEET

Sl. OFFICE DATE ORDER No. NOTE

25. 14.10.2022 AVRB, J:

The Court has resumed after completion of the Division Bench work.

It is brought to the notice of the Court by Sri Y. Jagadeeswara Rao, learned counsel, representing learned Public Prosecutor that Sri M. Lakshmana Sarma, learned counsel appearing on behalf of the appellant, passed away and thereafter the Court ordered notice to the appellant and he failed to appear on receipt of notice, as such the Court ordered NBW against the appellant on 19.09.2016 and later the matter is coming up as a party in person.

Under the circumstances, this Court has looked into the proceeding sheet and it is clearly found that on 19.09.2016 the Court ordered NBW against the appellant, who filed this Criminal Appeal against the order of conviction against the judgment in SC & ST Sessions Case No.39 of 2006 on the file of the Court of learned Special Judge for trial of cases under SCs & STs (POA) Act-cum-VI Additional District and

Sessions Judge, Kurnool.

Under the circumstances, now the fact remained is that though NBW was ordered against the appellant way back in the year 2016, it is not known as to the fate of that NBW. There is no proceeding available as to whether the NBW issued against the appellant was executed or it was cancelled. If NBW was executed or it was cancelled, the same would have found place in the bundle.

Hence, the Registry is directed to cause issuance of NBW against the appellant, who was the accused in SC ST SC No.39 of 2006, on the file of the Court of learned Special Judge for trial of cases under SCs & STs (POA) Act-cum-VI Additional District and Sessions Judge, Kurnool, so as to secure his presence for disposal of this Criminal Appeal, in accordance with law.

Warrant shall be addressed to the concerned Superintendent of Police by name with a direction to execute the NBW against the appellant and produce him on or before 14.11.2022.

List the matter on 14.11.2022.

If the appellant is produced on

execution of NBW prior to 14.11.2022, the matter shall be listed on that day.

In the meanwhile, learned Public Prosecutor has to ascertain the whereabouts of the appellant and to get necessary instructions.

____________ AVRB, J Dsh