Telangana High Court

CRLP/2417/2010 of G. Purushotham Reddy Vs The State of Andhra Pradesh on 30 December 2010

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SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION NO.2417 OF 2010 ORDER: 1 The petitioner is the first accused in P.R.C.No.89 of 2008 on the file of the court of the Chief Metropolitan Magistrate, Nampally, Hyderabad and he filed the present petition under section 482 of Cr.P.C. seeking

THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADACRIMINAL PETITION NO.2417 OF 2010

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ORDER:

1 The petitioner is the first accused in P.R.C.No.89 of 2008 on thefile of the court of the Chief Metropolitan Magistrate, Nampally,Hyderabad and he filed the present petition under section 482 of Cr.P.C.seeking quashing of the said proceedings stating that continuance of thesaid proceedings is nothing but abuse of the process of the court.

2 Facts in brief are that the Police Kowtala registered a case againstthe petitioner and seven others for the offences punishable undersections 307 and 166 r/w 34 of IPC and filed charge sheet and the samewas registered as P.R.C.No.71 of 1996 on the file of the court of theJudicial Magistrate of I Class, Sirpur, Adilabad District. As the petitionerwas not apprehended, the said case was split up and was committed tothe court of Session where the same was numbered as S.C.No.399 of1996. However, as there was no evidence the court below acquitted thesaid accused. Thereafter, the petitioner was apprehended and a chargesheet was filed and the same was numbered as P.R.C.No.89 of 2008. Subsequently the same was transferred to the court of the ChiefMetropolitan Magistrate, Hyderabad. Now the petitioner, in the light ofthe said acquittal of the other accused by the trial court, filed the presentpetition stating that the petitioner who is the first accused in the said casealso stands on the very same footing and hence the said proceedingsmay be quashed.

3 In the light of the said submissions this court directed the learnedAdditional Public Prosecutor to get instructions. The learned AdditionalPublic Prosecutor, on instructions, admitted the fact that the accused 2 to7 in the said case were tried by the learned Assistant Sessions Judge,Asifabad and were acquitted of all the charges by judgment dated27.05.1998. In the light of the said judgment and as the petitioner alsostands on the very same footing, this court is of the view that the said proceedings pending against the petitioner also can be quashed.

4 Accordingly, this petition is allowed and the proceedings inP.R.C.No.89 of 2008 on the file of the Chief Metropolitan Magistrate,Hyderabad pending against the petitioner are hereby quashed.

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Sri

T.G.K, J.

30.12.2010Kvsn

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