HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.6851 of 2011 ORDER: This Criminal Petition is filed by the petitioner-accused No.5, under Section 482 Cr.P.C., seeking to quash the proceedings initiated against him in S.C.No.1 of 1999 on the file of the Assistant Sessions Judge, Penukonda, Ananthapur District, wherein he is facing trial for the offences punishable under Sections 147, 148, 364, 302 r/w Section 149 of IPC, Sections 25(1) (B) and 27 of the Arms Act and Section 8(1) of the A.P.P.S. Act. The brief facts of the prosecution case are as follows: On the basis of a complaint lodged by the 2nd respondent herein, a case in Crime No.1 of 1991 was registered by Kanaganapalli P.S., and the Investigating Officer proceeded with the investigation. After completion of investigation, the police filed charge sheet in the year 1992 against 47 accused including the petitioner herein. Since A.12 died, the case against him was abated before committing the case. The case against A.1, A.3, A.4, A.5/petitioner herein, A.16, A.24 and A.45 was split up and numbered as P.R.C.No.48 of 1993. A.2, A.6 to A.12, A.14, A.15, A.17 to A.23, A.25 to A.44, A.46 and A.47 were tried in S.C.No.298 of 1993 on the file of the Addl. Assistant Sessions Judge, Anantapur. Subsequently, the petitioner herein alone is being tried as accused No.5 in the present S.C.No.1 of 2011 on the file of the Assistant Sessions Judge, Penukonda, Ananthapur District. Learned counsel for the petitioner has submitted that S.C.No.298 of 1993 against A.2, A.6 to A.12, A.14, A.15, A.17 to A.23, A.25 to A.44, A.46 and A.47 and the another case against the other six accused ended in acquittal after due trial by the competent Court on the ground that all the prosecution witnesses did not support the case of the prosecution and the same benefit should be extended to the petitioner herein. In this connection, he has drawn the attention of this Court to the order dated 06.04.2011 passed by this Court in Crl.P.No.1820 of 2011 whereby the proceedings initiated against the petitioner herein in S.C.No.2 of 2011 on the file of the Addl. Sessions Judge, Hindupur, are quashed. Since the facts of the said case and the facts of the case on hand are similar, the learned counsel prayed to quash the proceedings against the petitioner in S.C.No.1 of 1999. Having perused the entire record and also the order relied on by the learned counsel, this Court is of the firm view that the order dated 06.04.2011 passed by this Court in Crl.P.No.1820 of 2011 is applicable to the case on hand and there would be no purpose in proceeding against the petitioner and pendency of the case amounts to abuse of process of law and, hence, the proceedings initiated against him are liable to be quashed. Accordingly, the Criminal Petition is allowed and the proceedings initiated against the petitioner herein in S.C.No.1 of 1999 on the file of the Assistant Sessions Judge, Penukonda, Ananthapur District, are hereby quashed and, he shall be set at liberty, if he is not required in any other case. _________________ RAJA ELANGO, J 29th August, 2011 cbs HON’BLE SRI JUSTICE RAJA ELANGO Criminal Petition No.6851 of 2011 (Allowed) 29th August, 2011 cbs