THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.11400 OF 2023
O R D E R:
This Criminal Petition is filed under Section 482 of Cr.P.C. by the petitioner-accused No.2 seeking to quash the proceedings against him in S.C.No.76 of 2022 on the file of the learned VII Additional Metropolitan Sessions Judge at Nampally, Hyderabad, registered for the offence punishable under Section 307 read with Section 34 of the Indian Penal Code.
02. Heard learned counsel for the petitioner and Sri S.Ganesh, learned Assistant Public Prosecutor for the respondent No.1-State and perused the record.
03. Case of the prosecution is that this petitioner who is arrayed as accused No.2 and accused No.3 caught hold of the de- facto complainant-victim-PW1 and accused No.1 stabbed him with knife.
04. This petitioner along with two others were chargesheeted. However, this petitioner was absconding, as such the case was split-up against this petitioner.
05. The trial Court conducted trial in so far as accused Nos.1 and 3 are concerned and the learned Sessions Judge by Judgment dated 20.07.2022 acquitted accused Nos.1 and 3.
06. According to the prosecution, this petitioner and accused No.3 caught hold of the de-facto complainant-victim-PW1 and accused No.1 stabbed him with knife. However, during the course of trial, PW1 turned hostile to the case of the prosecution and stated that the persons who were charged, were not responsible.
07. When it is specifically stated that no such incident happened and PW1 turned hostile to the case of the prosecution, no useful purpose would be served if trial is proceeded against accused No.2, who stands on the same footing as that of accused Nos.1 and 3.
08. Accordingly, this Criminal Petition is allowed. The proceedings against the petitioner-accused No.2 in S.C.No.76 of 2022 on the file of the learned VII Additional Metropolitan Sessions Judge at Nampally, Hyderabad, are hereby quashed. There shall be no order as to costs.
The Miscellaneous applications pending, if any, shall stand closed.
___________________ K.SURENDER, J Date: 18-NOV-2023 KHRM