Telangana High Court
Khaja Bilal vs Bandi Badrinath Goud on 24 April, 2024
THE HONOURABLE SMT. JUSTICE K. SUJANA
CRIMINAL PETITION No.10860 OF 2023
ORDER:
This Criminal Petition is filed under Section 482 of Code of Criminal Procedure, 1973 (for short the Cr.P.C) to quash the proceedings against the petitioner/accused No.1 in C.C.No.7600 of 2022 on the file of the learned XIV Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, registered for the offences punishable under Sections 147, 148, 427,153 (A) read with 149 of the Indian Penal Code,1860 (for short 'the IPC').
2. Heard Sri Katika Ravinder Reddy, learned counsel appearing on behalf of the petitioner as well as Sri S. Ganesh, learned Assistant Public Prosecutor appearing on behalf of respondent No.2-State. Though notice was served upon respondent No.1, none appeared on his behalf.
3. Learned counsel for the petitioner submitted that there is no evidence against accused Nos.3, 5, 9 and 10 who are the accused in same Crime and after full-fledged trial, they were acquitted. He further submitted that even if the trial is conducted, no purpose would be served, as such, prayed the Court to quash the proceedings against the petitioner/accused No.1. 2
SKS,J Crl.P.No.10860 of 2023
4. On the other hand, learned Assistant Public Prosecutor submitted that though the case was ended in acquittal against accused Nos.3, 5 9 and 10, the petitioner/accused No.1 has to appear before the trial Court and face the trial and therefore, the same will be decided by the trial Court.
5. Having regard to the submissions made by both the learned counsel and having gone through the material available on record, it appears that the trial Court has examined accused Nos.3, 5, 9 and 10, have not mention in their evidence about the petitioner/accused No.1 committing the offence. Further, the allegations against the accused Nos.3, 5, 9 and 10 were not established, they were acquitted in C.C.No.634 of 2016.
6. Though there are catena of judgments of the Hon'ble Supreme Court and various High Courts, this Court has relies upon the judgments in Pothula Suresh vs. The State of Andhra Pradesh 1 and Mohinder Singh vs. State of Punjab 2, wherein it is observed that when some of the accused in the same case found not guilty and are acquitted after full-fledged trial, the proceedings against the other accused are liable to be quashed.
7. In the present case also, accused Nos.3, 5, 9 and 10 was acquitted after full-fledged trial in C.C.No.634 of 2016. Except the 1 2011 Crl.L.J. 609 2 (2018) 11 SCC 570 3 SKS,J Crl.P.No.10860 of 2023 evidence of P.W.1, there is no other evidence to identify the accused. Further, in the complaint names were also not mentioned and description was not given, no Test Identification Parade conducted, as such, even it is tried for the petitioner, no useful purpose would be served. Hence, continuation of proceedings is unwarranted. Therefore, the proceedings in C.C.No.7600 of 2022 against the petitioner/accused No.1 are also liable to be quashed.
8. Accordingly, the Criminal Petition is allowed and the proceedings against the petitioner/accused No.1 in C.C.No.7600 of 2022 on the file of the learned XIV Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, are hereby quashed.
Miscellaneous applications, if any pending, shall also stand closed.
_____________ K. SUJANA, J Date: 24.04.2024 SAI