THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.10322 of 2009 ORDER: Petitioner approached this Court invoking the provisions under Section 482 Cr.P.C. seeking to quash the proceedings in C.C.No.232 of 2008 whereby he is facing charge for the offence punishable under Section 353 IPC. Heard. Admittedly, the said occurrence took place in front of the High Court gate on 10.09.2007 at about 2.05 p.m. In the said complaint, it is stated that one Ashok Reddy, violated the traffic rules and abused the constable. But, whereas when the present petitioner entered the premises, police constable obstructed him for checking his motor bike. But the constable who stopped the petitioner for checking his vehicle, is not checking the same and when the petitioner questioned him for immediate check as he had an urgent work, police started quarrelling with him and taking advantage of the said quarrel, he registered the present crime and filed final report. But in the charge sheet, nowhere it is stated that the accused are identified by the constable during investigation. In the absence of any evidence to show that the complainant identified the person who violated the traffic rules and also abused him and further in view of the fact that all the witnesses cited by the investigation agency belongs to the police department, the proceedings against the petitioner are liable to be quashed. Accordingly, the Criminal Petition is allowed and the proceedings in C.C.No.232 of 2008 on the file of the Chief Metropolitan Magistrate, City Criminal Courts, Hyderabad, are hereby quashed. Miscellaneous petitions filed along with the Criminal Petition, if any, shall stand closed. __________________ JUSTICE RAJA ELANGO 8th December 2011, Rns.