THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION Nos.8393 & 8414 of 2011 COMMON ORDER: Petitioner approaches this Court with a prayer to quash the proceedings initiated against him in C.C. Nos.451 of 2009 and 145 of 2009 on the file of the I Additional Chief Metropolitan Magistrate, Hyderabad, for the offence punishable under Section 382 of IPC. The main allegation against the petitioner is that he snatched chains of the complainants. In both the cases, the petitioner is arrayed as an accused on the basis of the confession given by a co-accused in the case. Except the said confession, there is no other material to implicate the petitioner in the said offence. Further, no property is recovered from the petitioner herein. Though in the First Information Report, the complainants stated about the identifiable persons, but the respondent-police failed to conduct any identification parade and in the absence of any test identification parade being conducted to identify the petitioner as the accused and in the absence of any stolen property being recovered from the possession of the petitioner, the petitioner cannot be prosecuted on the basis of the confession given by a co-accused. Hence, this Court is of the opinion that the trial cannot be proceeded against the petitioner and the proceedings initiated against the petitioner are liable to be quashed. The Criminal Petitions are accordingly allowed and the proceedings initiated against the petitioner in C.C. Nos. 451 of 2009 and 145 of 2009 on the file of the I Additional Chief Metropolitan Magistrate, Hyderabad are hereby quashed. _______________________ JUSTICE RAJA ELANGO Date : 14.09.2011 pnb