IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD THURSDAY THE THIRTYETH DAY OF DECEMBER TWO THOUSAND AND TEN PRESENT THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 2113 OF 2009. Between: Dasari Ramadasu … Petitioner V/s. State of AP Represented by its Public Prosecutor High Court of AP Hyderabad & Anr. … Respondents Counsel for the Petitioner : Sri A. Jayasankara Reddy Counsel for the Respondents : Addl.Public Prosecutor The Court made the following order : (order follows 2nd page) THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 2113 OF 2009 O R D E R : This Criminal Petition is filed under section 482 Cr.P.C. seeking to quash CC.No. 16 of 2000 on the file of the Court of Judicial Magistrate of First Class, Atmakur and to pass such other suitable orders as this Court may deems fit and proper in the circumstances of the case. 2. The main allegation against the petitioner is that he en- cashed a sum of Rs.10,000/- which was intended to be paid to PW-1 was received by him through the postman and deposited and en- cashed the same. Subsequently, the same was brought to the notice of the Investigating Agency and in turn the Investigating agency registered a case in Cr.No.17 of 1998 for the offences punishable under section 420, read with section 416, 467 of IPC of Srisailam II- Town Police Station. After completion of investigation, the police filed charge sheet, which was duly registered as CC.No.16 of 2000 on the file of the Court of Judicial Magistrate of First Class, Atmakur. 3. Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor representing the State and perused the records. 4. Admittedly, the charge sheet was filed in year 2000. As can be seen from the record, very interestingly in the present case, the name of the accused and the defacto complainant/PW-1 is one and the same, as “Dasari Ramadasu”. It is not in dispute that both of them are working under Srisailam Project. Further the said instrument denote the name alone but not the cadre under which the petitioner- accused and PW-1 works. Further it is represented by the learned counsel for the petitioner as well as the learned Additional Public Prosecutor that the petitioner has paid the entire amount of Rs.10,000/- along with interest and the same was acknowledged by the Life Insurance Corporation of India. 5. It is seen from the record that the present commission of offence by the petitioner herein is due to mistake of identity and the petitioner has no criminal intention to en-cash the said amount. Further the said case is pending since 2000. The petitioner is now aged about 70 years. Hence, this Court has no hesitation to quash CC.No. 16 of 2000 on the file of the Court of Judicial Magistrate of First Class, Atmakur. 6. Accordingly, CC.No.16 of 2000 on the file of the Court of Judicial Magistrate of First Class, Atmakur, is be and hereby quashed. The Criminal Petition is accordingly allowed. ______________________ JUSTICE RAJA ELANGO 30-12-2010 I s L THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 2113 OF 2009 Circulation No. 31 Date:30-12-2010 Court Master: IsL Computer No.43