THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.2692 OF 2023
O R D E R:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioner/A6 to A3 to quash the proceedings against him in C.C.No.9539 of 2019 on the file of VII Additional Chief Metropolitan Magistrate at Hyderabad. The offence alleged against the petitioner is under Section 324 r/w.34 of the Indian Penal Code.
2. Heard both sides and perused the record.
3. In all, six accused were charge sheeted for the offence under Section 324 r/w.34 of the IPC. The trial Court tried A1 to A5 and split up the case against this petitioner and numbered as C.C.No.9539/2019. Having examined PWs.1 to 6 and marking Exs.P1 to P6, learned VII Additional Chief Metropolitan Magistrate by Judgment dated 30.10.2021 acquitted A1 to A5 in C.C.No.322 of 2014.
4. On instructions, learned Additional Public Prosecutor would submit that no appeal is filed against acquittal of A1 to A5. 2
5. The case of the prosecution is that there was an incident on the road in which the injured PW1 was hit by a car. The persons who were in the car got down and beat PW1/injured and kicked him with hands and legs. The case of the Police is that this petitioner is one of the accused arrayed as A6, however, shown as absconding in the charge sheet. Since the evidence against this petitioner and A1 to A5 is the same, no useful purpose would be served if the petitioner is asked to undergo trial. In the evidence, there is no specific allegation against this petitioner. Since the trial ended in acquitting A1 to A5, this Court deems it appropriate to quash the proceedings against this petitioner also.
6. Accordingly, the Criminal Petition is allowed and the proceedings against this petitioner/A6 in C.C.No.9539 of 2019 on the file of VII Additional Chief Metropolitan Magistrate at Hyderabad, are hereby quashed.
Miscellaneous applications pending, if any, shall stand closed.
__________________ K.SURENDER, J Date: 24.04.2023 tk 3 THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 2692 OF 2023 Dt. 24.04.2023 tk