Telangana High Court
Khaja Bilalt Ahmed Bilal vs D. Bikshapathi on 24 April, 2024
THE HONOURABLE SMT. JUSTICE K. SUJANA
CRIMINAL PETITION No.10889 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.7601 of
2022 on the file of the learned XIV Additional Chief Metropolitan
Magistrate, Nampally, Hyderabad, registered for the offences
punishable under Sections 147, 148, 332, 324, 118 and 153 (A)
read with 149 of the Indian Penal Code,1860 (for short 'the IPC')
and Section 7 (1) of Criminal Amendment Act.
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.
SKS,J
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.535 of 2014.
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.535 of 2014. Except the
2011 Crl.L.J. 609
(2018) 11 SCC 570
SKS,J
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.7601 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.7601 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
