THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.869 OF 2011 DATED 31st JANUARY, 2011. BETWEEN : Kusuma Panduraju .. Petitioner-A.4 and The State of A.P. & another ..Respondents THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.869 OF 2011 ORDER: This Criminal Petition under Section 482 of the Code of Criminal Procedure is filed by the petitioner-A.4 seeking to quash the proceedings in P.R.C.No.30 of 1994 on the file of the II Additional Judicial First Class Magistrate, Eluru, West Godavari District. Heard. Prosecution case is that on 18.07.1989 when L.W.1 K.Venkateswar @ Venkataiah @ Venkat was returning from Coffee Hotel situated opposite to Sir CRR Law College, Eluru, A.1 to A.12 surrounded him in an engineered manner having formed into an unlawful assembly in pursuance to the common object of murdering him, duly armed with lethal weapons, and A.1 firstly gave a blow over the head of L.W.1 with a lathy having iron butt resulting in severe injuries. A.2 and A.3 beat L.W.1 over his head with iron rods, A.4 beat with a stick over his head, A.5 attempted to stab in his abdomen with a dragger and the remaining accused beat L.W.1 with hands and sticks indiscriminately and left the place in a car driven by A.13. Learned counsel for the petitioner submits that petitioner and other accused were initially charge sheeted in P.R.C.No.4 of 1992 and subsequently, case against the present petitioner was separated in P.R.C.No.30 of 1994. He further submits that case in P.R.C.No.4 of 1992 was proceeded further and the same was numbered as S.C.No.150 of 1994, in which after completion of due trial co-accused were acquitted by the learned Assistant Sessions Judge, Eluru, by judgment dated 02.02.1996 since the witnesses turned hostile and they have not supported the prosecution case. Thus, he prayed to extend the same benefit of acquittal to the present petitioner also. It is seen from the record that P.W.1, who is the injured person, not only turned hostile but also stated that he cannot identify the persons who caused injuries on him. Hence, this Court is of the view that further continuation of P.R.C.No.30 of 1994 would serve no purpose and continuation of the same would amount to abuse of process. Hence, the Criminal Petition is allowed and the proceedings in P.R.C.No.30 of 1994 on the file of the II Additional Judicial First Class Magistrate, Eluru, West Godavari District, are hereby quashed. Miscellaneous petitions filed in this Criminal Petition, if any, shall stand closed. ________________________ JUSTICE RAJA ELANGO Dated : 31.01.2011 sur