THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.12908 OF 2010 DATED 4th MARCH, 2011. BETWEEN : Mohd.Irfan .. Petitioner-A.6 and The State of A.P. ..Respondent THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.12908 OF 2010 ORDER: This Criminal Petition under Section 482 of the Code of Criminal Procedure is filed by the petitioner-A.6 seeking to quash the proceedings in S.C.No.370 of 2008 on the file of the Assistant Sessions Judge, Nalgonda. Heard. Prosecution case is that on 24.12.2004 at about 3.00 a.m. while the Sub-Inspector of Police along with other staff members were on patrolling duty, found A.1 to A.8 under suspicious circumstances moving behind Sri Venkateshwara Petrol Bunk by the side of National High Way No.9. When the Sub Inspector questioned them, they tried to escape, but they were apprehended. On questioning before the mediators, A.1 to A.8 confessed that they hatched a plan to kill L.W.1 and his family members and fake currency notes, sharp edged weapons, explosive materials were recovered from the accused under the cover of panchanama. Learned counsel for the petitioner submits that petitioner and other accused were initially charge sheeted in P.R.C.No.26 of 2006. He further submits that the case against present petitioner was split up by the learned Assistant Sessions Judge in S.C.No.370 of 2008 and against the other accused i.e.A.1 to A.5, A.7 and A.8 trial was conducted by the learned Assistant Sessions Judge in S.C.No.327 of 2008 wherein after full-fledged trial they were acquitted by judgment dated 29.09.2008. Thus, he prayed to extend the same benefit of acquittal to the present petitioner also. The learned Assistant Sessions Judge acquitted the co-accused on the ground that the evidence of PWs 4, 7 and 9 is inconsistent and contradictory to each other and the prosecution also not explained the same properly. Hence, this Court is of the view that further continuation of S.C.No.370 of 2008 would serve no purpose and continuation of the same would amount to abuse of process. Hence, the Criminal Petition is allowed and the proceedings in S.C.No.370 of 2008 on the file of the Assistant Sessions Judge, Nalgonda, are hereby quashed. Miscellaneous petitions filed in this Criminal Petition, if any, shall stand closed. ________________________ JUSTICE RAJA ELANGO Dated : 04.03.2011 sur