Junaid Mohammed Yousuf vs The State Of Telangana
2023 Latest Caselaw 4122 Tel

           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