THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION NO.2624 OF 2010 ORDER: 1 The present petition is filed with the following prayer: “For the grounds raised above, it is prayed that this Hon'ble Court to quash the Cr.No.57/2005 on the file of the Jammalamadugu Police Station, Kadapa District and pass such other order orders as are deemed fit and proper in the circumstances of the case.” 2 The facts in brief are that the petitioner and two others were alleged to have committed offences punishable under section 302 and 201 r/w 34 of IPC. In that regard a case in Cr.No.57 of 2005 was registered by Jammalamadugu P.S. and after investigation the police filed a charge sheet and the same was registered as P.R.C.No.2 of 2006 and after committal the same was numbered as S.C.No.77 of 2006. However, as the petitioner herein was a juvenile, he was referred to Juvenile Justice Board and the other accused were tried by the learned II Additional Sessions Judge, Kadapa district at Proddatur. During the course of trial in the said Sessions Case, P.Ws.1 to 14 were examined and Exs.P.1 to P.23 were marked on behalf of the prosecution. However, as the said evidence let in by the prosecution is not convincing the trial court while extending benefit of doubt to the accused, acquitted them of the said charges by its judgment dated 13.08.2009. In those circumstances, the petitioner herein who was referred to Juvenile Justice Board states that continuance of the said proceedings against him in Cr.No.57 of 2005 is nothing but abuse of process of law. 3 In the light of the same, this court looked into the judgment dated 13.08.2009 passed by the learned II Additional Sessions Judge, Kadapa district at Proddatur. The main and material witnesses to the case of the prosecution such as P.Ws.1 and 2, who are the paternal uncle and mother of the deceased respectively turned hostile and did not support the case of the prosecution. Similarly, the other alleged eye witnesses also did not support the case of the prosecution. In those circumstances, the trial court extending benefit of doubt acquitted the accused in the said case. In the light of the said circumstances this court is of the view that no purpose would be served even if the petitioner is tried by the Juvenile Justice Board. 4 Accordingly, this Criminal Petition is allowed and the proceedings in Cr.No.57 of 2005 registered by Jammalamadugu P.S. pending insofar as the petitioner herein are concerned, are hereby quashed. ----------------- 24.12.2010 Sri T.G.K, J. Kvsn