IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD THURSDAY THE FOURTH DAY OF MARCH TWO THOUSAND AND TEN PRESENT: THE HONOURABLE SRI JUSTICE P. S. NARAYANA CRIMINAL PETITION Nos. 4 5 5 7 AND 4 5 5 8 OF 2009 Between: K. Gopal Rao s/o Late Raghavulu, Aged about 45 years, Occ. Police Constable No. 6970 Of SR Nagar Police Station, R/o 157 SRT BK Guda, SR Nagar, Hyderabad. …. Petitioner in Crl.P.4557/2009 Ch. Subba Raju s/o Ramaraju, Aged about 43 years, Occ. Police Constable No. 9463 of SR Nagar Police Station, R/o Block No.8, Qrt. No.5, Bowenpalli Police Station Quarters, Secunderabad. … Petitioner in Crl.P.4558/2009 V/s. The State of Andhra Pradesh Represented by its Public Prosecutor, High Court of AP Hyderabad & Anr. … Respondents Counsel for the Petitioners : Sri B. Narasimha Sharma Counsel for the Respondents : Addl. Public Prosecutor THE HONOURABLE SRI JUSTICE P. S. NARAYANA CRIMINAL PETITION Nos. 4557 & 4558 OF 2009. COMMON ORDER : These Criminal Petitions were admitted on 30-11-2009. It is stated that notice had been served on second respondent and proof of service also had been filed. 2. These Criminal Petitions are filed to quash the proceedings in relation to these petitioners, the police constables in FIR.No.117 of 2009 on the file of Sajeevreddynagar Police Station. 3. Submissions had been made in elaboration that this is a case of second F.I.R. and further it is stated that the defacto complainant himself submitted that the defacto complainant has no objection on deletion of these petitioners, A2 and A3. Further strong reliance was placed on a decision in RAMU V/s. STATE [1]. The Apex Court in T.T. ANTONY V/s. STATE OF KERALA AND ORS [2]., held that there can be no second FIR and no fresh investigation on receipt of every subsequent information in respect of the same cognizable offence or same occurrence giving rise to one or more cognizable offences 4. In the light of the facts and circumstances, no useful purpose will be served in further proceeding the said crime as against these petitioners, A2 and A3 only. 5. Accordingly these Criminal Petitions are allowed to the extent indicated above. __________________________ JUSTICE P. S. NARAYANA. 04-03-2010. I s L THE HONOURABLE SRI JUSTICE P.S. NARAYANA CRIMINAL PETITION Nos. 4557 & 4558 OF 2009 Circulation Entry No. 4 1 Date: 04-03-2010 Computer No. 43 Court Master: I s L [1] ) 2002-ALT (Crl)-2-572, 2002-ALD (Crl)-2-680, 2002 (TLS) 423395 [2] ) (2001) 6 Supreme Court Cases-181