Citation : 2025 Latest Caselaw 2249 Tel
Judgement Date : 17 February, 2025
.THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.4976 OF 2019
O R D E R:
This Criminal Petition is filed by the
petitioner/Accused No.1 to quash the proceedings against
him in C.C.No.1679 of 2015 pending on the file of II
Additional Junior Civil Judge-Cum-XIX Metropolitan
Magistrate, Cyberabad, Kukatpally.
2. Heard learned counsel for the petitioner and
Sri M.Vivekananda Reddy, learned Assistant Public
Prosecutor for the respondent - State. Perused the record.
3. The petitioner herein and 3 others were charge
sheeted for the offences under Sections 447 and 427 of
IPC. The said case was numbered as C.C.No.2802 of 2013.
4. Since the petitioner herein was absconding, the case
was split up against this petitioner and renumbered as
C.C.No.1679 of 2015.
5. Learned Magistrate proceeded against A-2 to A-4. By
judgment dated 20.05.2016, Accused Nos.2 to 4 were
found not guilty. Learned Magistrate found that the
version given by the defacto complainant did not disclose
any incriminating evidence against the accused. Learned
Public Prosecutor also failed to elicit any incriminating
evidence.
6. Since the very incident was disbelieved by the learned
Magistrate wherein this petitioner along with A-2 to A-4
were involved, the question of proceeding against this
petitioner on the very same charges does not arise.
Further, neither the defacto complainant lodged any
complaint nor the State had preferred any Appeal against
A-2 to A-4. In the said circumstances, the proceedings
against petitioner/A-1 in C.C.No.1679 of 2014 (split up
from C.C.No.2802 of 2013) are quashed.
7. Accordingly, Criminal Petition is allowed.
Miscellaneous applications pending, if any, shall stand
closed.
_________________ K.SURENDER, J Date: 17.02.2025 dv
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.4976 OF 2019
Date:17.02.2025
dv
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