Kuldeep Sharma vs The State Of Andhra Pradesh
2021 Latest Caselaw 4848 AP

          ` THE HONOURABLE SRI JUSTICE D.RAMESH

CRIMINAL PETITION NO.6661 of 2021

ORDER:-

This Criminal Petition under Section 482 of the Code of

Criminal Procedure, 1973 (for short "Cr.P.C.") is filed seeking

quash of the charge sheet in C.C.No.5746 of 2019 on the file of

Chief Metropolitan Magistrate, Vijayawada of Krishna District.

2. Heard learned counsel for the petitioner and the learned

Assistant Public Prosecutor for the State.

3. The petitioner is accused No.1 in C.C.No.5746 of 2019 on

the file of the Chief Metropolitan Magistrate, Vijayawada of Krishna

District. He is being prosecuted for the offences punishable under

Sections 270, 273, 420 r/w 120-B of the India Penal Code, 1860.

4. This issue is squarely covered by three judgments of this

Court where under criminal proceedings launched against various

persons in the said petitions of similar nature are quashed by this

Court as not maintainable under law. This Court in Crl.p.No.3731

of 2018 and batch, dated 27.08.2018 in Crl.P.No.5421 of 2019 and

batch, dated 18.12.2019, and in Crl.P.No.5103 of 2019 and batch,

dated 05.04.2020 held that the prosecution under the aforesaid

Sections of law in the facts and circumstances of the case is not

maintainable under law. Therefore, the petitioner herein who is

also similarly placed, who is facing the prosecution for the same

nature of offences is also entitled to the similar relief.

5. Hence, in view of the aforesaid judgments of this Court, the

petition is allowed and the criminal prosecution launched against

the petitioner in C.C.No.5746 of 2019 on the file of the Chief

Metropolitan Magistrate, Vijayawada of Krishna District, is hereby

quashed.

Pending applications shall stand closed.

_____________________ JUSTICE D.RAMESH

Date: 25.11.2021

IS

THE HONOURABLE SRI JUSTICE D.RAMESH

CRIMINAL PETITION NO.6661 of 2021

Date: 25.11.2021

IS