THE HON’BLE SRI JUSTICE R.KANTHA RAO. CRIMINAL PETITION No. 8894 of 2010. ORDER: This criminal petition is filed seeking to quash C.C.No. 2456 of 2010 on the file of the II Additional Chief Metropolitan Magistrate, Nampally, Hyderabad. The petitioner is A.2 in the above case. A charge sheet was laid against the petitioner and two others alleging commission of offences punishable under Sections 341, 323 and 506 r/w 34 IPC. Since NBW was pending against the petitioner, who is said to be studying Bachelor of Business Administration at the Universityof Kent, London, the trial court split up the case against the petitioner from the original C.C.No. 446 of 2010 and numbered as C.C.No. 2456 of 2010. Thereafter, the trial court proceeded with the trial and ultimately acquitted A.1 and A.3 under Section 248(2) Cr.P.C. The trial court in its Judgement dt. 23.3.2010 held as under: “Inspit of granting of opportunities by the court, the police, police failed to produce Anish Reddy, injured, Reventh, eye-witness and police also failed to produce Dr.Raja Narasimha who is the doctor. Police also failed to examine Sudarshan Reddy, who worked as Sub Inspector of police. In the absence of evidence of Anish Reddy, evidence of Pw.1 and Pw.2 is not helpful to the case of the prosecution and it cannot be said that prosecution proved its case. In my opinion prosecution failed to prove its case against the accused.” Since the case against A.1 and A.2 ended in acquittal, no useful purpose will be served even if the case against the petitioner/A.2 is tried by adducing the same evidence as was adduced in the original case. Therefore, the proceedings pending against the petitioner in C.C.No. 2456 of 2010 on the file of II Additional Chief Metropolitan Magistrate, Nampally, Hyderabad are liable to be quashed. Accordingly, the proceedings in the above C.C. are quashed. The criminal petition is allowed. ______________________ R.KANTHA RAO,J 08.09.2010. KRB. THE HON’BLE SRI JUSTICE R.KANTHA RAO. CRIMINAL PETITION No. 8894 of 2010. ORDER: Dt. 08.09.2010.