Telangana High Court
Pinninty Radha Krishna vs The State Of Telangana on 23 April, 2024
THE HONOURABLE SMT. JUSTICE K. SUJANA
CRIMINAL PETITION No.4252 of 2024
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.6 in C.C.No.1271
of 2019 on the file of the learned XIV Additional Chief
Metropolitan Magistrate, Hyderabad, registered for the offences
punishable under Sections 420 read with 511 and 120 (B) read
with 34 of the Indian Penal Code,1860 (for short 'the IPC').
2. Brief facts of the case are that respondent No.2 registered
a complaint against the petitioner and other accused stating
that they are exchanging the banned Brasil Cruzados currency
note as genuine in Indian currency. As such, respondent No.2
registered a case in crime No.517 of 2016 for the offences
punishable under Sections 420 read with 511 and 120 (B) read
with 34 of the IPC. After completion of investigation, the Police
filed charge sheet vide C.C.No.1928 of 2016 and thereafter, on
completion of full-fledged trial, accused Nos.2, 3 and 7 were
acquitted. However, the petitioner/accused No.6, was not able
to appear before the trial Court, the case was split up against
the petitioner and renumbered as C.C.No.1271 of 2019, before
SKS,J
the learned XIV Additional Chief Metropolitan Magistrate,
Hyderabad. Hence, the present Criminal Petition.
3. Heard Sri Anjaneyulu Chandubatla, learned counsel
appearing on behalf of the petitioner as well as Sri S. Ganesh,
learned Assistant Public Prosecutor appearing on behalf of the
respondents.
4. Learned counsel for the petitioner submitted that there is
no evidence against accused Nos.2, 3 and 7 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 against the petitioner/accused No.6, no purpose
would be served, as such, prayed the Court to quash the
proceedings against him.
5. On the other hand, learned Assistant Public Prosecutor
appearing on behalf of the respondents submitted that though
the case against accused Nos.2, 3 and 7 ended in acquittal, the
petitioner/accused No.6 has to appear before the trial Court
and face the trial and therefore, the same will be decided by the
trial Court.
6. Having regard to the submissions made by both the
learned counsel and having gone through the material available
SKS,J
on record, it appears that the trial Court has examined the
other accused Nos.2, 3 and 7 and they have not made any
mention in their evidence about the petitioner/accused No.6
committing the offence. Further, the allegation against the
accused Nos.2, 3 and 7 were not established, they were
acquitted in C.C.No.1928 of 2016.
7. 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.
8. In the present case also, accused Nos.2, 3 and 7 were
acquitted after full-fledged trial in C.C.No.1928 of 2016. Except
the evidence of P.W.1, there is no other evidence to identify the
petitioner/accused No.6. Hence, continuation of proceedings is
unwarranted. Therefore, the proceedings in C.C.No.1271 of
2011 Crl.L.J. 609
(2018) 11 SCC 570
SKS,J
2019 against the petitioner/accused No.6 are also liable to be
quashed.
9. Accordingly, the Criminal Petition is allowed and the
proceedings against the petitioner/accused No.6 in C.C.No.1271
of 2019 on the file of the learned XIV Additional Chief
Metropolitan Magistrate, Hyderabad, are hereby quashed.
Miscellaneous applications, if any pending, shall also
stand closed.
_____________
K. SUJANA, J
Date: 23.04.2024
SAI
