THE HON’BLE SRI JUSTICE R.KANTHA RAO CRL. PETITION No. 2658 of 2008 ORDER: Heard the learned Counsel for the petitioner and the learned Public Prosecutor. This petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings in Cr.No. 23 of 2002 of P.S.Mirchowk pending on the file of the V Additional Chief Metropolitan Magistrate-cum-Juvenile Court, Hyderabad. The petitioner is one of the accused in Cr.No. 23 of 2002 of P.S. Mirchowk registered for the offences under Sections 147, 148, 153-A, 307, 324, 332, 353, 417 and 440 r/w 149 IPC. The petitioner was aged about 15 years (minor) as on the date of alleged incident and therefore the case against the petitioner and another minor was separated and the case against the other major accused was committed to the Court of Sessions, Hyderabad for trial and the same was numbered as S.C.No. 53 of 2003. The learned Additional Metropolitan Sessions Judge for the trial of Communal Cases-cum-VII Additional Metropolitan Sessions Judge, Red Hills, Hyderabad conducted trial in the above Sessions Case and after appreciating the evidence brought on record by the prosecution against the accused therein acquitted them of the offences with which they are charged. The learned Counsel for the petitioner contended that though the main case in S.C.No. 53 of 2003 against the major accused ended in acquittal, the concerned police are not filing any charge sheet in split up case pending against the petitioner before the Juvenile Court. The learned Counsel for the petitioner further contended that even if the prosecution files charge sheet against the petitioner, the prosecution has to rely on the same evidence, which was adduced in S.C.No.53 of 2003 and no useful purpose will be served if the same evidence is adduced as was adduced in S.C.No. 53 of 2003 since the accused in S.C.No. 53 of 2003 were acquitted and the Judgement in the said Sessions Case has become final. In the circumstances, the learned Counsel for the petitioner prays to quash the proceedings in Cr.No. 23 of 2002 of P.S. Mirchowk, which is pending against the petitioner before the Juvenile Court. Having regard to the contentions advanced by the learned Counsel for the petitioner, this court is of the opinion that since the prosecution has to examine the same witnesses who were examined in S.C.No. 53 of 2003 if the concerned police files charge sheet against the petitioner another Juvenile and if that is so, it is not possible to bring home the guilt of the petitioner and another juvenile for the alleged offences since on the very same evidence, other major accused were already acquitted in S.C.No. 53 of 2003. Therefore, the proceedings in Cr.No. 23 of 2002 of P.S. Mirchowk pending against the petitioner before the V Additional Chief Metropolitan Magistrate-cum-Juvenile Court, Hyderabad is quashed. The petition is accordingly allowed. ________________________ R.KANTHA RAO,J 17.6.2010. krb. THE HON’BLE SRI JUSTICE R.KANTHA RAO CRL. PETITION No. 2658 of 2008 Dt. 17.06.2010.