THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE R.KANTHA RAO CRIMINAL PETITION NO.5193 OF 2010 Between : Mallipudi Vasantha Raidu @ Dorababu ....PETITIONER A N D The State, SHO, Draksharamam PS …RESPONDENT THE HON'BLE SRI JUSTICE R.KANTHA RAO CRIMINAL PETITION NO.5193 OF 2010 ORDER: This criminal petition is filed by the petitioner-Accused No.5 under Section 482 Cr.P.C. seeking to quash the proceedings in S.C.No.334 of 2006 on the file of VIII Additional Sessions Judge, Rajahmundry, East Godavari District, wherein the offences punishable under Sections 302, 364, 342, 427 and 201 IPC has been alleged. 2. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor appearing for the State. 3. Learned counsel for the petitioner would submit that as per the prosecution version LWs. 5 to 9 witnessed A.1 to A.5 taking away the victim to the office of A.1. Except that no other allegation has been made against the petitioner and non of the witnesses mentioned the name of the petitioner – A.5. 4. On a perusal of the entire record and as per the statements of the witnesses obviously they did not mention the name of the petitioner anywhere in their statements. Further, this Court already quashed the entire proceedings insofar as A.6 and A.7 on 05.03.2010 in Crl.P.No.1919 of 2007. 5. Since there is no mention about the presence of the petitioner in the statements of LWs.5 to 9 recorded by the police and they only stated that four persons came on two motor cycles and participated in the offence. I am of the considered opinion that if the trial is conducted against the petitioner it is nothing but an abuse of the process of law. 6. For the aforementioned reasons, the proceedings in S.C.No.334 of 2006 on the file of VIII Additional Sessions Judge, Rajahmundry, East Godavari District, are hereby quashed so far as A.5 is concerned. 7. Accordingly, the criminal petition is allowed. ____________________________ JUSTICE R.KANTHA RAO SEPTEMBER 06, 2010. YVL