M.Rakesh Kumar vs The State Of Telangana
2023 Latest Caselaw 1748 Tel

         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.

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

THE HON'BLE SRI JUSTICE K.SURENDER

CRIMINAL PETITION No. 2692 OF 2023

Dt. 24.04.2023

tk