THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION NO.2417 OF 2010 ORDER: 1 The petitioner is the first accused in P.R.C.No.89 of 2008 on the file of the court of the Chief Metropolitan Magistrate, Nampally, Hyderabad and he filed the present petition under section 482 of Cr.P.C. seeking quashing of the said proceedings stating that continuance of the said proceedings is nothing but abuse of the process of the court. 2 Facts in brief are that the Police Kowtala registered a case against the petitioner and seven others for the offences punishable under sections 307 and 166 r/w 34 of IPC and filed charge sheet and the same was registered as P.R.C.No.71 of 1996 on the file of the court of the Judicial Magistrate of I Class, Sirpur, Adilabad District. As the petitioner was not apprehended, the said case was split up and was committed to the court of Session where the same was numbered as S.C.No.399 of 1996. However, as there was no evidence the court below acquitted the said accused. Thereafter, the petitioner was apprehended and a charge sheet was filed and the same was numbered as P.R.C.No.89 of 2008. Subsequently the same was transferred to the court of the Chief Metropolitan Magistrate, Hyderabad. Now the petitioner, in the light of the said acquittal of the other accused by the trial court, filed the present petition stating that the petitioner who is the first accused in the said case also stands on the very same footing and hence the said proceedings may be quashed. 3 In the light of the said submissions this court directed the learned Additional Public Prosecutor to get instructions. The learned Additional Public Prosecutor, on instructions, admitted the fact that the accused 2 to 7 in the said case were tried by the learned Assistant Sessions Judge, Asifabad and were acquitted of all the charges by judgment dated 27.05.1998. In the light of the said judgment and as the petitioner also stands on the very same footing, this court is of the view that the said proceedings pending against the petitioner also can be quashed. 4 Accordingly, this petition is allowed and the proceedings in P.R.C.No.89 of 2008 on the file of the Chief Metropolitan Magistrate, Hyderabad pending against the petitioner are hereby quashed. ----------------- Sri T.G.K, J. 30.12.2010 Kvsn