IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIRST DAY OF JUNE TWO THOUSAND AND TEN PRESENT HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.4560 OF 2010 Between: P. Vijay Chandra … PETITIONER And The State of A.P. and another … RESPONDENTS This Court made the following: HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.4560 OF 2010 ORDER: 1. The Public Prosecutor is also heard. 2. This petition is filed by A4 in S.T.C.No.39 of 2009 on the file of XI Metropolitan Magistrate – cum – Special Mobile Court, Lal Bahadur Nagar, Cyderabad. He is accused of offence punishable under Section 290 I.P.C. along with A1 to A3. Originally, the case was registered as S.T.C.No.100 of 2006. Since petitioner/A4 was absconding, as he was studying at United Kingdom, case against A4 was separated and numbered as S.T.C.No.39 of 2009 in the lower Court. The petitioner has surrendered before the lower Court and got non-bailable warrant recalled. But, non-bailable warrant was recalled on condition of the petitioner depositing his passport. 3. So, he has deposited his passport in the lower Court. 4. The lower Court conducted full-fledged trial in S.T.C.No.3 of 2007 as against A1 and A2, during which PWs.1 to 4 were examined and Ex.P-1 was marked. After considering the entire material on record, the lower Court passed the Judgment, dated 19.04.2010, in S.T.C.No.3 of 2007 and acquitted A1 and A2, who were found to be not guilty of offence punishable under Section 290 I.P.C. Allegations against the petitioner/A4 are similar to that of A1 and A2, who were acquitted by the lower Court. This Court is of the opinion that no purpose will be served in case the case against A4 is kept pending in the lower Court and trial is conducted therein by the lower Court once again. 5. Hence, the petition is allowed quashing the proceedings against the petitioner/A4 in S.T.C.No.39 of 2009 on the file of XI Metropolitan Magistrate – cum – Special Mobile Court, Lal Bahadur Nagar, Cyberabad. ___________________________________ SAMUDRALA GOVINDARAJULU, J June 01, 2010 MD HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.4560 OF 2010 June 01, 2010