IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND TEN PRESENT HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRL.P.No.10977 OF 2010 Between:- R.Ravindra Reddy …Petitioner A n d The State of A.P., Rep. by its Public Prosecutor, High Court of A.P., Hyderabad and another …Respondents HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRL.P.No.10977 OF 2010 ORDER: This petition is filed under Section 482 Cr.P.C., for quashing further proceedings against the petitioners/A- 5 in C.C.No.375 of 2009, on the file of the Additional Judicial Magistrate of the First Class, Ananthapur. 2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent-State. Perused the records. 3. The petitioner/A-5, along with others, is accused of offences under Sections 407, 109 read with Section 34 IPC and Section 7(1) of the Essential Commodities Act. According to the prosecution, on 26- 01-2009, 178 bags of PDS rice meant to be supplied to the hostels were diverted to black market and on verification of stock, it was found that there was shortage of 2.03 quintals of PDS rice and it is alleged that on 26-01- 2009 at 08-00 p.m., the Village and Enforcement Officials inspected Eicher van bearing No.AP 02 U 9466 and A-1, who was the driver of the van, revealed that the stocks have been loaded at MLS point (Urban), Ananthapur and he was given a direction to stop the vehicle at Garladinne and was instructed by A-3 to stop the vehicle. 4. It is not disputed that a departmental enquiry was ordered and in the course of said enquiry, it was found that a variation of 2.03 quintals was accounted for the stock handled during January 2009 and A-3 had nothing to do with the stock allegedly seized. A-3 was, therefore, exonerated from the charges by the enquiry officer in the report dated 10-07-2009 submitted to the Joint Collector. A-3 filed Crl.P.No.3177 of 2010 under Section 482 Cr.P.C for quashing the proceedings against him in Cr.No.6 of 2009. This Court, by order dated 06-10- 2010, allowed the said petition and quashed further proceedings against A-3 in Cr.No.6 of 2009. 5. The learned counsel for the petitioner/A-5 would submit that when the proceedings against A-3, who is alleged to have given instructions to A-1, are themselves quashed, the continuance of proceedings against petitioner/A-5 is unsustainable, as there is nothing on record to connect the petitioner/A-5 to the alleged offence. It is not disputed that except the alleged version made by A-1 that he was instructed by A-3 to await further instructions from petitioner/A-5, there is no other incriminating material gathered against the petitioner/A-5 during the course of investigation connecting him to the alleged offence. There is absolutely nothing on record to show that A-5 gave any directions or instructions to A-3 or A-1 to stop the vehicle at Garladinne and await further instructions from him i.e., A-5. Even according to the alleged confession of A-1, it was only A-3, who is said to have instructed him to stop the vehicle at Garladinne. 6. Under those circumstances, in the absence of any incriminating material against the petitioner/A-5 showing his involvement in the alleged offence in any manner and in view of the fact that proceedings against A- 3 have already been quashed by this Court in Crl.P.No.3177 of 2010, it is considered that continuance of further proceedings against the petitioner/A-5 in C.C.No.375 of 2009, on the file of the Additional Judicial Magistrate of the First Class, Ananthapur, would only amount to abuse of process of law and no useful purpose would be served by continuance of such proceedings. It is, therefore, considered a fit case to invoke the inherent powers of this Court under Section 482 Cr.P.C and quash further proceedings against the petitioner/A-5 in C.C.No.375 of 2009, on the file of the Additional Judicial Magistrate of the First Class, Ananthapur. 7. In the result, the criminal petition is allowed, insofar as petitioner/A-5 is concerned. _____________________ G.V.SEETHAPATHY, J 24th November, 2010 Lrkm.