Shaik Ameena Bee vs. The State Of Andhrapradesh

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

FRIDAY, THE SIXTH DAY OF MAY, TWO THOUSAND AND TWENTY TWO :PRESENT: THE HONOURABLE SRI JUSTICE AHSANUDDIN AMANULLAH

AND

THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO

CRL.A. No. 279 of 2021

Between :-

Shaik Ameena Bee, W/o. Sk. Jeelani Basha.

.... Appellant/Defacto Complainant.

AND

1. The State of Andhra Pradesh, Rep. by Public Prosecutor, High Court of Andhra Pradesh Amaravati.

...Respondent.

• 2. Shaik Afthab @ Javeed, S/o. Jilani Basha (late), R/o. Old Post Office Road, Near Anitha Theater, Nellore, SPSR Nellore District.
• 3. Shaik Aarif, S/o. Jllani Basha (Late), R/o. Old Post Office Road, Near Anitha Theater, Nellore, SPSR Nellore District.
• 4. Shaik Aasif, S/o. Jllani Basha (late), R/o. Old Post Office Road, Near Anitha Theater, Nellore, SPSR Nellore District.
• 5. Syed Babu, S/o. Malik Basha, R/o. Nr Reliance English Medium School, Meclaince Road, Kotamitta, Nellore, SPSR Nellore District.

...Respondents/Accused Nos.1 to 4

Criminal Appeal under Section 372 of Cr.P.C., praying that in the circumstances stated in the Memo, of Grounds filed therein, the High Court may be pleased to set aside the judgment, dated 17.11.2020 in S.C.No. 105 /2015, on the file of the Court of III Additional District & Sessions Judge Nellore and convict the Respondents No. 2 to 5/Accused Nos. 1 to 4

The Petition coming on for hearing, upon perusing the petition and the grounds filed in the Criminal Appeal and earlier order of High Court dt. 15-09-2021 made herein and upon hearing the arguments of Sri V. Roopesh Kumar Reddy, Advocate for the Petitioner and of the Public Prosecutor on behalf of respondent No.1/State, the Court made the following ORDER :-

(Per Hon'ble Mr. Justice Ahsanuddin Amanullah)

"Heard Mr. V. Roopesh Kumar Reddy, learned counsel for the appellant; Mr. S. Dushyanth Reddy, learned Additional Public Prosecutor, for the State and Mr. Malireddy Gowtham, learned counsel for the respondents no.2 to 5.

2. In terms of order dated 04.05.2022, the respondents no.2 to 5, who are accused in Crime No.420 of 2012 of V Town Police Station, Nellore, are also present in Court.

3. The present appeal is directed against the judgment of acquittal dated 17.11.2020 passed by the learned III Additional District and Sessions Judge, Nellore in Sessions Case No.105 of 2015.

4. On 15.09.2021, while admitting the case, the Court had directed the respondents no.2 to 5 to surrender before the trial Court and upon appearance, the trial Court was directed to release them on bail to its satisfaction, pending hearing of the appeal. The respondents no.2 to 5 have complied with the said order and are now on bail.

5. For reasons recorded in the order dated 04.05.2022 the Court wanted to proceed in the matter of finally hearing the appeal.

6. At this stage, learned counsel for the respondents no.2 to 5, submitted that they may be given one opportunity to file an affidavit as to how they shall ensure that the due share of the deceased, who was their step brother and son of the appellant, goes to their side of the family.

7. Having regard to the aforesaid, by way of extraordinary indulgence, the matter be listed on 16.06.2022, when an affidavit shall be filed jointly by all the accused to show their bona fide in the matter. On the next date, the appellant and the respondents no.2 to 5 shall be present in Court.

8. The respondents no.2 to 5 are put to notice that any attempt to intimidate or to threaten the appellant and her two sons in any manner shall be strictly viewed by the Court."

SD/- SHAIK MOHD, RAFI ASSISTANT REGISTRAR

SECTION OFFICER

// TRUE COPY /

To

• 1. The III Additional District & Sessions Judge, Nellore, SPSR Nellore District.
• 2. Shaik Afthab @ Javeed, S/o. Jilani Basha (late), R/o. Old Post Office Road, Near Anitha Theater, Nellore, SPSR Nellore District. (By RPAD with a direction to appear before this Hon'ble Court on 16-06-2022 at 10:30 AM)

3. Shaik Aarif, S/o. Jllani Basha (Late), R/o. Old Post Office Road, Near Anitha Theater, Nellore, SPSR Nellore District. (By RPAD with a direction to appear before this Hon'ble Court on 16-06-2022 at 10:30 AM)

• 4. Shaik Aasif, S/o. Jllani Basha (late), R/o. Old Post Office Road, Near Anitha Theater, Nellore, SPSR Nellore District. (By RPAD with a direction to appear before this Hon'ble Court on 16-06-2022 at 10:30 AM)
• 5. Syed Babu, S/o. Malik Basha, R/o. Nr Reliance English Medium School, Meclaince Road, Kotamitta, Nellore, SPSR Nellore District. (By RPAD with a direction to appear before this Hon'ble Court on 16-06-2022 at 10:30 AM)
• 6. Shaik Ameena Bee, W/o. Sk. Jeelani Basha, R/o. Dr. No. 9-214, A.K. Colony, Buja Buja Nellore, Nellore, SPSR Nellore District. (By RPAD with a direction to appear before this Hon'ble Court on 16-06-2022 at 10:30 AM)

7. The Section Officer, Criminal Section, High Court of A.P., at Amaravati.

8. One CC to Sri V. Roopesh Kumar Reddy, Standing Counsel (OPUC) 9. Two spare copies.

TKK

HIGH COURT

AA.J & TRR.J

DATED: 06-05-2022

ORDER

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CRL.A.No. 279 OF 2021

DIRECTION/ APPEARANCE