Shaik Meerabi (Died) vs Court Order Dated 14/07/2023 In ...
2023 Latest Caselaw 3460 AP

           IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV
                    FIRDAY, THE FOURTEENTH DAY OF JULY
                     ll^/O THOUSAND AND TWENTY THREE
                                  :PRESENT:
                HONOURABLE SRI JUSTICE A V RAVINDRA BABU
                        CRIMINAL APPEAL NO: 56 OF 2009
Between :
   1.   Shaik       Meerabi   (Died)       W/o.   Shaik   Khadar    Mohiddin,   aged   a b`--is3-LRE
        years,Muslim, Peda Masjid Bazar, Kanigiri Village and Mandal, Prakasam
        District.


        [Appellant No.1 Died and Criminal Appeal against Al is dismissed as per
                   Court order dated 14/07/2023 in CRLA No.56/2009]

   2. Shaik Khasimbi, W/o. Nagoor Saheb, aged 51 years, R/o. Gudipudi Village,
      Kanigiri Mandal, Prakasam District.
                                       I




                                                                   ...Appe,lants/Accused 1 & 2
                                      AND
   The State of Andhra Pradesh., Rep By Public Prosecutor., High Court ofAndhra
   Pradesh, Amaravati.
                                                                                I..Respondent

       Appeal under Section '374 (2) of Cr.P.C, praying that in the circumstances
stated in the memorandum of grounds filed in support of the criminal Appeal, the
High Court may be pleased to allow this criminal appeal by setting aside the
conviction and sentence      recorded in Calendar and Judgment Dt.,19.01.2009 in
S£.No.42 of 2OO7 on the file of court of the learned Special Judge for N.D.P.S
Cases - Gum - I Additional District and Sessions Judge, Ongole and consequently
acquit the appellants for charged offence.

IANO: 1 OF2009 (CRLMP NO.77 OF 2OO9)

       Petition under Section 389 (1) of Cr.P.C., praying that in the circumstances
Stated in the memorandum Of grounds filed in support of the petition, the High Court
may be pleased to suspend the execution of.conviction and sentence as imposed in
calendar and judgment dt.19.01.2009 in SC.No. 42 of 2007 on the file of the Court of
the Learned Special Judge for N.D.P.S Cases Gum -I Addl. District and Sessions
Judge, Ongole, Pending disposal of CRLA 56 of 2009, on the file of the High Court.

IANO: 1 OF2023

        Petition under Section 70(2) r/w. 482 of Cr.P.C praying that in the
circumstances stated in the grounds filed in support of the petition, the High Court
may be pleased to recall the Non Bailable Warrants issued by an order dt. 25-O4-
2023 in IA No.1 of2009 (Crl. MP No. 77 of2009) in Crl.A No. 56 of2009 by
recalling such order in the interest of justice, pending disposal of CRLA 56 of 2009,
on the file of the High Court.
      The Appeal coming on for hearing, upon perusing the appeal and the
memoran.dum of grounds filed in support thereof and the order of the High Court
dated 27.01.2009 made in      Crl.M.P.No.77 of 2009, 25.04.2023,    20.06.2023 &
28.O6.2023 made herein and upon hearing the arguments of sri y. Jagadeeswara
Rao, learned counsel representing public prosecutor for the respondent, sri siva
Sankara Rao Borra, Advocate for appellant No.2,I the Court made the following

ORDER:

£lPerused the death certificate filed by sri y.Jagadeeswara Rao, learned

counsel representing learned public prosecutor that the appellant No.1 died on 03.02.2021. Hence, the Appeal filed by the appeIIant No.1 is dismissed as abated.

Heard the arguments of sri siva sankara Rao Borra, learned counsel for the appellant No.2 in-part.

At request, list the matter 17.07.2023, for continuation of hearing. The Non Bailable Warrant against the appeIIant No.2 is recalled, considering the fact that learned counsel for the appellant No.2 is ready to COOPerate for disposal of the Appeal on merits."

Sd/-S.V.S.R.MURTHY JOINT %9lSTRAR //TRUE COPY// SECTION OFFICER To,

1. The Registrar (Judicial), High Court ofAndhra Pradesh at Amaravati

2. The Special Judge for NDPS Cases-cum-I Additional District Judge, Ongole.(BY SPEED POST)

3. The Superintendent of police , Prakasam District , state ofAndhra Pradesh(BY SPEED POST) I

4. The S.H.O, KanigI'ri Excise Police Station. (BY SPEED POST)

5. Shaik Khasimbi, W/o. Nagoor Saheb, aged 51 years, R/o. Gudipudi Village, Kanigjri Mandal, Prakasam District.(BY RPAD)

6. One CC to Sri Siva Sankara Rao Borra, Advocate [OPuC]

7. Two CCs to Public Prosecutor, High Court ofAP [OUT]

8. The Section Officer, Criminal Section, High Court ofAndhra Pradesh

9. Onesparecopy .

®` HIGH COURT

AVRBJ

DATED : 14/07/2023

LIST THE MATTER ON 17.O7.2023 FOR CONTINUATIO OF HEARING.

--tinDER

CRLA.No.56 of 2009

RECALL OF NON BAILABLE WARRANT

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