HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY CRIMINAL PETITION No.2942 OF 2008 DATE: 18-08-2011 BETWEEN: R. Sankar Reddy. - - - Petitioner/ Accused. AND The State of A.P., Rep. by Special Public Prosecutor for A.C.B. Cases, High Court of A.P., Hyderabad and another. - - - Respondents/ Complainant. This Court made the following : HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY CRIMINAL PETITION No.2942 OF 2008 ORDER: This Criminal Petition is filed by the Petitioner/Accused (For short, ‘the accused’) under Section 482 of Cr.P.C. seeking to quash proceedings in C.C. No.20 of 2005, in Cr.No.1/RCT-TCT/2005, pending on the file of the Court of Special Judge for SPE & ACB Cases at Nellore. 2. Whereas the Petitioner is the Accused, the Respondent No.2 is the complainant in C.C. No.20 of 2005. 3. For the sake of convenience, I refer the parties as arrayed in the Calender Case. 4. Heard the learned counsel for the Accused and the learned Special Public Prosecutor appearing for the Respondents-State. 5. The learned Special Public Prosecutor for A.C.B. Cases has submitted that whereas this Petition is filed by the accused to quash the proceedings in C.C. No.20 of 2005, in Cr.No.1/RCT-TCT/2005, pending on the file of the Court of Special Judge for SPE & ACB Cases at Nellore, for the offences punishable under Sections 7, 13 (2) read with 13 (1) (d) of the Prevention of Corruption of Act, 1988 the same was disposed of by judgement dated 10-02-2011 and the corresponding Criminal Appeal in (SR) No.17344 of 2011 was preferred before this Court, which is now pending and hence this Petition has become infructuous. 6. It is the contention of learned counsel for the accused that G.O.Rt. No.3409/Finance (ADMN.II) Department, dated 14-09-2006 was issued by the Government of Andhra Pradesh, withdrawing the permission to prosecute the Accused in C.C. No. 20 of 2005 and therefore the question of conducting further proceedings in the Calender Case would not arise at all and consequently the Appeal pending before this Court is not maintainable. 7. It is pertinent to note here that admittedly the Appeal is pending before this Court and the said contention can be raised in the Appeal and in view of the facts and circumstances of the case, it is not necessary to pursue the matter and hence the Criminal Petition is liable to be closed. In the result, the Criminal Petition is closed observing that the accused is at liberty to pursue the appropriate remedy available to him as per law, in the Appeal. __________________________ G. KRISHNA MOHAN REDDY, J Dated: 18-08-2011. Dsh. THE HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY 238 CRIMINAL PETITION No.2942 2008 August, 18, 2011 DSH