IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION NO.6885 OF 2010 Between : A.Padmanabha Rao ....PETITIONER/ACCUED NO.1 A N D The State of A.P. and another …RESPONDENTS THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION NO.6885 OF 2010 ORDER: This Criminal Petition under Section 482 of Cr.P.C. is filed by the petitioner seeking to quash the proceedings against him in C.C.No.16248 of 2003 on the file of the III Additional Chief Metropolitan Magistrate, Hyderabad. 2. Heard the learned counsel for the petitioner and learned Public Prosecutor. 3. The brief facts of the case are as follows: The petitioner was arrayed as accused in C.C.No.6776 of 1990 on the file of the II Metropolitan Magistrate, Egmore, Chennai, Tamilnadu, for the offence punishable under Section 138 of Negotiable Instruments Act, 1881. Due to his absence before the Court, the learned Magistrate issued Non-bailable warrant for arrest of the petitioner. The respondent-Police came to Hyderabad, to secure the accused. Accordingly, the police secured the petitioner in connection with the pendency of the non-bailable warrants in C.C.No.6776 of 1990. While the petitioner was taken to Chennai, the petitioner escaped from the clutches of the respondent-Police on 31.07.1998. On the basis of the complaint lodged, after due investigation, charge sheet was filed. 4. The main ground urged by the learned counsel for the petitioner is that the cognizance taken by the learned Magistrate for the offence punishable under Section 224 I.P.C. is a barred under Section 468 Cr.P.C. 5. Admittedly, the occurrence took place in the year 1998, charge sheet was filed in the year 2003. It is very clear from the records that the learned Magistrate has erroneously taken cognizance for the said offence. In view of the same, the cognizance taken by the learned Magistrate is set aside and the proceedings in C.C.No.1624 of 2003 on the file of III Additional Chief Metropolitan Magistrate, Hyderabad, initiated against the petitioner are hereby quashed. 6. Accordingly, the Criminal Petition is allowed. _________________________ JUSTICE RAJA ELANGO JULY 14, 2010. YVL