THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.1289 of 2011 ORDER: Petitioner approaches this Court with a prayer to quash the proceedings in C.C.No.278 of 2009 on the file of the II Additional Judicial Magistrate of First Class, Kadapa, Kadapa District, whereby he is facing charge for the alleged offences under Sections 420, 468 and 471 of IPC. Heard both sides. The petitioner is arrayed as A-4 allegedly in the case filed against five persons. Due to the non-availability of the petitioner, the case was split up and A2, A3 and A5 were tried by the trial Court in C.C.No.118 of 2007. After due trial, the learned Magistrate acquitted all the accused from the said charges. The case separated against the petitioner and A1 is numbered as C.C.No.278 of 2009. During the trial in C.C.No.118 of 2007, the learned Magistrate acquitted the accused and also observed that “since there is no incriminating material in the evidence of P.Ws.1 to 3 against the accused, examination of the accused under Section 313 Cr.P.C. also dispensed with.” Learned counsel for the petitioner submitted that A-4 in the said crime is the petitioner before this Court and the case of the petitioner- A4 also stands on the same footing and he is not concerned with the crime and official witnesses are also not examined in this case. Hence, the petitioner also liable to get the benefit of acquittal passed by the trial Judge. Considering the said facts and circumstances, this Court is of the view that even if the trial is conducted, there is no possibility of any conviction against the petitioner herein. Considering the same, the proceedings in C.C.No.278 of 2009 on the file of the II Additional Judicial Magistrate of First Class, Kadapa, Kadapa District, are hereby quashed as far as the petitioner is concerned. The miscellaneous petitions, if any, filed along with the criminal petition shall stand closed. ________________ RAJA ELANGO, J. 11th February 2011, Rns.