HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.1734 of 2011 ORDER: This Criminal Petition is filed by the petitioner-accused No.1, under Section 482 Cr.P.C., seeking to quash the proceedings initiated against him in C.C.No.522 of 2006 on the file of the Special Judicial Magistrate of First Class for Trial of Prohibition and Excise Offences, Nellore. Briefly, the facts of the case are that the police, Balajinagar P.S., Nellore, registered Crime No.103 of 2000 against the petitioner herein and another accused for the offences under Sections 419 and 465 IPC and, after completion of investigation, laid charge sheet and the Special Judicial Magistrate of First Class for Trial of Prohibition and Excise Offences, Nellore, took cognizance of the offence and numbered the same as C.C.No.160 of 2003. Having obtained bail, the petitioner has not turned up before the trial Court and, hence, NBW was issued against him on 23.01.2006 and the case against him was split up and registered as C.C.No.522 of 2006, while the case against A.2 in C.C.No.160 of 2003 proceeded with trial. Heard. Learned counsel for the petitioner submitted that the learned Magistrate after thorough consideration of facts and material on record, acquitted accused No.2 holding that there is no incriminating evidence to prove the charges leveled against him, by judgment, dated 01.10.2010, and the petitioner stands on the same footing as that of accused No.2. He further submitted that the occurrence took place in the year 2000 and after lapse of 11 years, there will not be any useful purpose in conducting trial in the present case, in view of the judgment rendered in C.C.No.160 of 2003. Therefore, he prayed to quash the proceedings against the petitioner. This Court perused the record as well as the judgment rendered in C.C.No.160 of 2003. It is evident from a perusal of the record that none of the prosecution witnesses supported the case of the prosecution. Further, there are lot of contradictions and omissions in the statements of the witnesses recorded by the Investigating Agency. Therefore, this Court is of the view that after careful consideration of the oral and documentary evidence, the learned Magistrate acquitted accused No.2 in C.C.No.160 of 2003 and the petitioner herein also stands on the same footing as that of accused No.2. Accordingly, the Criminal Petition is allowed and the proceedings initiated against the petitioner herein in C.C.No.522 of 2006 on the file of the Special Judicial Magistrate of First Class for Trial of Prohibition and Excise Offences, Nellore, are hereby quashed. Miscellaneous Petitions, if any, filed shall stand closed. _____________ RAJA ELANGO, J 25th February, 2011 CBS HON’BLE SRI JUSTICE RAJA ELANGO Crl.P.No.1734 of 2011 (Allowed) 25th February, 2011 CBS