Telangana High Court
Syed Salman Siddiqui vs The State Of Telangana on 4 October, 2024
THE HONOURABLE SMT. JUSTICE K. SUJANA
CRIMINAL PETITION No.12226 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.3 in C.C.No.255
of 2017 on the file of the learned XIV Additional Chief
Metropolitan Magistrate, Nampally, Hyderabad, registered for
the offences punishable under Sections 147, 148, 323, 427,
153-A read with 149 of the Indian Penal Code,1860 (for short
'the IPC') and Section 3 of the Prevention of Damage to Public
Property Act, 1984.
2. Heard Sri Habeeb Abubakar Alhamed, learned counsel
appearing on behalf of the petitioner as well as Sri M.
Vivekananda Reddy, learned Assistant Public Prosecutor
appearing on behalf of the respondent-State.
3. Learned counsel for the petitioner submitted that there is
no evidence against accused Nos.1, 2, 6, 7, 9 and 15 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.3, no purpose
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would be served, as such, prayed the Court to quash the
proceedings against him.
4. On the other hand, learned Assistant Public Prosecutor
appearing on behalf of the respondents submitted that though
the case against accused Nos.1, 2, 6, 7, 9 and 15 ended in
acquittal, the petitioner/accused No.3 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 the
other accused Nos.1, 2, 6, 7, 9 and 15 and they have not made
any mention in their evidence about the petitioner/accused
No.3 committing the offence. Further, the allegation against the
accused Nos.1, 2, 6, 7, 9 and 15 were not established, they were
acquitted.
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,
2011 Crl.L.J. 609
(2018) 11 SCC 570
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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.1, 2, 6, 7, 9 and 15
were acquitted after full-fledged trial. Except the evidence of
P.W.1, there is no other evidence to identify the
petitioner/accused No.3. Hence, continuation of proceedings is
unwarranted. Therefore, the proceedings in C.C.No.255 of 2017
against the petitioner/accused No.3 are also liable to be
quashed.
8. Accordingly, the Criminal Petition is allowed and the
proceedings against the petitioner/accused No.3 in C.C.No.255
of 2017 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: 04.10.2024
SAI
