Dismissed¶¶23

Shaik Rabbani v. Shaik Jilekha and Another

Andhra Pradesh HC23 Feb 2025CRLRC/1865/2010

Case brief

AI extract

What is this about?

Andhra Pradesh High Court, Amaravati; Criminal Revision Case No. 1865/2010; Shaik Rabbani v. Shaik Jilekha and others; DNA test; paternity determination; Forensic Science Laboratory Hyderabad; Section 498-A IPC; Section 248(2) CrPC; Crl.M.P.No.618 of 2010; C.C.No.342 of 2008; VI Additional Junior Civil Judge, Guntur; revision dismissed as infructuous; decided 24.02.2025 by Dr Justice Y. Lakshmana Rao.

What did the court decide?

In view of the disposal of C.C.No.342 of 2008 itself, nothing remains in the revision for adjudication and the revision shall be infructuous. ¶¶23

Shaik Rabbani Vs Shaik Jilekha and Another — Andhra Pradesh HC (2025) — LawSathi Research

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APHC010237942010

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[3521]

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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MONDAY ,THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 1865/2010

Between:

Shaik Rabbani

...PETITIONER

AND

Shaik Jilekha And Another and Others

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...RESPONDENT(S)

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Counsel for the Petitioner:

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1.SREEKANTH REDDY AMBATI

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Counsel for the Respondent(S):

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1.PUBLIC PROSECUTOR

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The Court made the following:

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ORDER :

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The revision was filed against the order dated 05.07.2010 in Crl.M.P.No.618 of 2010 in C.C.No.342 of 2008 on the file of the VI Additional Junior Civil Judge, Guntur whereby and whereunder the petition, filed by the prosecution to send accused No.1 therein i.e., shaik Rabbani, who is the revisionist herein and PW1 and the male child born to PW1 to Forensic Science Laboratory, Hyderabad to decide the paternity of the male child, was allowed directing the police concerned to take steps for taking PW1, the child

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and the petitioner herein to Forensic Science Laboratory, Hyderabad for DNA

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Test.

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Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor appearing for respondent No.2.

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The Calendar Case was taken on file for the alleged offence under Section 498-A of I.P.C. As seen from the eCourts information, C.C.No.342 of 2008 on the file of the VI Additional Junior Civil Judge, Guntur, was disposed of on 14.09.2015 as A1 was found guilty for the offence punishable under Section 498-A of I.P.C and he was convicted under Section 248(2) of Cr.P.C. and he was sentenced to undergo Rigorous Imprisonment for a period of 3 years and to pay an amount of Rs.10,000/- towards fine. In view of the disposal of C.C.No.342 of 2008 itself, nothing remains in the revision for adjudication, so the revision shall be infructuous. The Miscellaneous Petition, which was filed in C.C.No.342 of 2008 to send the child, PW1 and the revisionist for undergoing DNA test, was allowed, later the learned Trial Court disposed of the case on 14.09.2015 itself. Therefore, nothing remains in this revision; accordingly, the Criminal Revision Case is dismissed as infructuous. No order as to costs.

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As a sequel, interlocutory applications, if any pending, shall stand

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closed.

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_________________________ DR. Y. LAKSHMANA RAO, J.

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Date: 24.02.2025 sj

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THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO

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