THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.4247 of 2011 ORDER: Petitioners approach this Court with a prayer seeking to quash the proceedings against them in C.C.No.581 of 2009 on the file of the Judicial Magistrate of First Class, Jaggaiahpeta, Krishna District, whereby they are facing charge for the offence punishable under Sections 408, 477-A and 465 read with 34 of IPC. 2. Heard both sides. 3. The brief facts of the case are as follows: The relationship between the first accused, who is not a petitioner before this court and the de facto complainant is master and servant. The allegation against the said person is that he has swallowed an amount of Rs.31.00 lakhs from the de facto complainant and on the complaint given by the complainant, police conducted investigation and after completion of investigation, filed charge sheet not only against A-1 and also against the petitioners herein. The first and second petitioners are the parents of the first accused, third and fourth petitioners are brothers of the first accused. The only allegation against the petitioners as per the charge sheet is that A-2 to A-5 confessed and handed over the cash of Rs.10,000/- each and A-3 produced two gold bangles and he seized total cash of Rs.50,000/-, two gold bangles and two gold rings weighing about 30 grams. On the said confession and recovery of the said amount, the investigation agency added the petitioners as accused by invoking the provisions under Section 34 of IPC. 4. On the entire reading of the complaint and also the charge sheet filed by the respondent-police, this Court is of the view that there is nothing against the petitioners herein except that they are the relatives of the main accused. Learned counsel for the respondent – de facto complainant tried to draw the attention of the court relying on the confessional statements of A-2 to A-5 recorded by the Investigating Officer. The said confession is inadmissible in evidence and that cannot be relied on in framing charges against the petitioners herein. Even assuming for a moment that the said gold and cash recovered, that cannot be a recovery under Section 27 of the Evidence Act. In the absence of any clinching evidence against the petitioners herein, this Court is of the view that pendency of the case against the petitioners in C.C.No.581 of 2009, amounts to abuse of process of law. 5. Accordingly, the Criminal Petition is allowed and the proceedings, in C.C.No.581 of 2009 on the file of the Judicial Magistrate of First Class, Jaggaiahpeta, pending against the petitioners are hereby quashed. Learned Magistrate is at liberty to proceed against A-1 and if possible, the learned Magistrate is directed to conclude the trial within a period of six months. The miscellaneous petitions, if any, filed along with the criminal petition shall stand closed. ________________ RAJA ELANGO, J. 8th March 2011, Rns.