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2015 Supreme(SC) 1308

J.CHELAMESWAR, A.M.SAPRE
Mohd. Feroz Khan @ Feroz – Appellant
Versus
State of Andhra Pradesh – Respondent


JUDGMENT

ABHAY MANOHAR SAPRE, J.:–This writ petition under Article 32 of the Constitution of India is filed by the petitioner (Accused No.2, in short ‘A-2’) to raise the plea of juvenility alleging inter alia that he was juvenile on the date of the commission of offence, i.e., 02.08.1999 and hence entitled to seek issuance of a writ in the nature of Certiorari and Mandamus for setting aside the order of sentence dated 28.06.2004 passed by the Additional Metropolitan Sessions Judge, Hyderabad in Sessions Case No. 93 of 2002 as confirmed by the High Court by judgment/order dated 27.02.2007 in Criminal Appeal No. 1825 of 2004 and by this Court on 08.07.2010 in Criminal Appeal No.435/2008 against him.

2. The brief facts of the case to appreciate the short issue involved in the petition need mention infra:

(a) Rama Krishana Rao (hereinafter referred to as “deceased”) was resident of Bodhan, Nizamabad District. He was running a cycle shop called ‘Krishna Shop’ and also a theatre. One Azam Ghouri (A-9) (died during the trial) who organized a Tanjeem along with eight persons hatched a conspiracy to snatch away the cash bag of the deceased. In pursuance thereof, on 02.08.1999, Azam Ghouri (A-9


























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