IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD SATURDAY THE TWENTYNINETH DAY OF OCTOBER TWO THOUSAND AND ELEVEN PRESENT THE HONOURABLE SRI JUSTICE G.KRISHNAMOHAN REDDY CRIMINAL PETITION NO. 7494 OF 2008 Between: Medhara Srinivas … Petitioner-A2 V/s. The State of Andhra Pradesh Represented by its Public Prosecutor High Court of A.P. Hyderabad. … Respondent-Complainant Counsel for the Petitioner : Sri M.N. Narsimha Reddy Counsel for the Respondent : Addl.Public Prosecutor The Court made the following : (Order follows next page). THE HONOURABLE SRI JUSTICE G.KRISHNAMOHAN REDDY CRIMINAL PETITION NO. 7494 OF 2008 O R D E R : This Criminal Petition is filed to quash proceedings in CC.No.113 of 2007 on the file of the Court of First Additional Munsif Magistrate, Tenali and to stay of all further proceedings including arrest of the petitioner pending final disposal of the criminal petition. 2. Heard Sri M.N. Narsimha Reddy, learned counsel for petitioner and learned Additional Public Prosecutor representing the State. 3. The brief facts necessary for considering the criminal petition is as follows: The petitioner is A-2 in CC.No.113 of 2007 on the file of the Court of First Additional Munsif Magistrate, Tenali, which arises out of Cr.No.72 of 2006 of II-Town Police Station, Tenali. Originally the case was taken on file as CC.No.73 of 2007 against one Korrapati Veeranaga Raju as A-1 and the petitioner as A-2 and later the case against the petitioner is separated and numbered as CC.No.113 of 2007. Charge sheet is filed against A-1 and A-2 for the alleged offence punishable under sections 457 and 3l80 IPC or 411 IPC. The trial court has taken cognizance of the offence under section 380 IPC. On 16-5-2006 the crime is registered on the basis of complaint given by one Palaparthi Yohan son of Yacob alleging that on the intervening night 15/16-5-2006 theft took place in his house and he lost gold ornaments mentioned therein. The crime is registered against unknown persons. A-1 Korrapeti Veeranaga Raju is habitual offender and he was arrested by Vijayawada Police in some other case and was sent for remand. The Inspector of Police, CCS Guntur arrested one Shaik Saleem in connection with Cr.No. 279 of 2006 under section 380 IPC of Kothapet Police Station, Guntur Town and during interrogation the said accused disclosed that A-1 Veeranaga Raju committed some thefts at Tenali and Guntur and that he is having knowledge of the same as A-1 informed the same to him. On the basis of the said information A-1 was taken into custody on P.T. warrant on 23-11-2006 and on interrogation it is alleged that A-1 confessed about his involvement in committing theft in the instant case and implicated A-2 also in the above crime. Part of theft property is recovered from A-1 and in the charge sheet the petitioner is shown as A-2 absconding. 4. The learned counsel for the petitioner contended that only on the basis of the alleged confession given by A-1, A-2 was implicated and therefore, no recovery in this case was made from A-2 and hence it is a fit case to quash proceedings. 5. As per record, no incriminating material was seized from A-1 in this case. Further any confession said to be made by A-1 to the police is not admissible by virtue of section 25 and 26 of the Evidence Act. Therefore, there is no material against A-2 for the alleged offence and the said confession of A-1 cannot be made use of against A-2. Accordingly, the proceedings against A-2 are to be quashed. 6. In the result, the Criminal Petition is allowed. ___________________________________ JUSTICE G. KRISHNA MOHAN REDDY. 29-10-2011 I s L THE HONOURABLE SRI JUSTICE G. KRISHNA MOHAN REDDY CRIMINAL PETITION NO. 7494 OF 2008 CIRCULATION No. 33 Date:29-10-2011 Court Master: I s L Computer No. 43