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2026 DAILYLAW 9648 (AP)

KHAZIM HUSSAIN v. THE STATE OF A.P.

CRLRC/568/2009 · 2026-09-08

Subhendu Samanta

body2026

Judgment text

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APHC010593502009 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3560] WEDNESDAY, THE 9th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA CRIMINAL REVISION CASE NO: 568/2009 Between: 1. KHAZIM HUSSAIN, S/O SAHIB HUSSAIN, DRIVER R/O VIJAYA TALKIES CENTRE, OPP: AGRA SWEETS, MOSQUE STREET, ...PETITIONER AND 1. THE STATE OF A P, Rep. by the Public Prosecutor, High Court of A.P., Hyderabad. ...RESPONDENT Revision filed under Section 397/401 of CrPC praying that in the circumstances stated in the affidavit filed in support of the Criminal Revision Case, the High Court may be pleased toto set-aside the Judgment, sentence and conviction passed by the Court of Sessions, Prakasam Division at Markapur in Crl.A.No.61 of 2008, dated 02.04.09 confirming the Judgment of the Addl. Judl. Magistrate of First Class, Markapur passed in C.C.No.132 of 2001, dated 24.06.08 convicting the petitioner to undergo rigorous imprisonment for 18 months for offence U/s. 304-A IPC and also undergo rigorous imprisonment for six months for offences U/s. 337 IPC (both the sentences to run concurrently) and acquit him of the above charges. IA NO: 1 OF 2009(CRLRCMP 761 OF 2009 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the sentence and conviction passed by the Court of the Sessions, Prakasam Division at Markapur in Crl.A.No.61 of 2008, dated 02.04.09 convicting the petitioner to undergo rigorous imprisonment for 18 months for offence U/s. 304-A IPC and also undergo rigorous imprisonment for six months for offences U/s. 337 IPC (both the sentences to run concurrently), and release the petitioner on bail, pending disposal of the Crl.R.C. Counsel for the Petitioner: 1. RATNAM YEDLURI 2. LEGAL AID Counsel for the Respondent: 1. PUBLIC PROSECUTOR The Court made the following: THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA CRIMINAL REVISION CASE No.568 OF 2009 ORDER: In terms of direction of this Court, police authority proceeded to execute the bailable warrant against the petitioner. When they reached the locality, they were informed that the petitioner had expired. 2. The Superintendent of Police, Ongole, Prakasam District, has submitted a report; it contains the death certificate of the petitioner, it appears that the petitioner expired on 09.11.2023. Since the petitioner, being the accused, had filed the criminal revision against order of conviction, and since the petitioner has expired, nothing left for this Court to decide the matter. 3. Accordingly, this instant criminal revision case is dismissed as abated. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. ____________________________ JUSTICE SUBHENDU SAMANTA Dated: 09.09.2026 CVD/ASN