THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY CRIMINAL PETITION NO.3376 OF 2008 Dated 13th August, 2010 Between: Kamma Anjaneyulu …Petitioner And The State of Andhra Pradesh …Respondent The Court made the following ORDER: This Criminal Petition has been taken out under Section 482 of the Criminal Procedure Code, 1973 (Cr.P.C) by accused No.2- Kamma Anjaneyulu in PRC No.19 of 2002 on the file of the Judicial Magistrate of First class, Yemmiganur, Kurnool District with a prayer to quash the proceedings therein. The petitioner herein along with another accused person (accused No.1) was charge sheeted before the Judicial Magistrate of First Class, Yemmiganur, Kurnool District for the offence under Section 489 (b) (c) IPC. The learned Judicial Magistrate of First Class took the charge sheet on file as PRC No.26 of 2001. The case against the petitioner herein, who has been shown as accused No.2, came to be separated and numbered as PRC No.19 of 2002. The learned Magistrate committed the case to the Sessions Court so far as accused No.1 is concerned. The Sessions Court took the case on file as Sessions Case No.330 of 2002. On full-fledged trial, the case against accused No.1-K.Praveen Kumar ended in acquittal by judgment dated 26.08.2004. The petitioner, who has been arrayed as accused No.2, has approached this Court invoking jurisdiction under Section 482 Cr.P.C with a prayer to quash the proceedings against him. Heard learned counsel appearing for the petitioner and learned Additional Public Prosecutor appearing for the respondent-State. The learned counsel appearing for the petitioner submits that the case against accused No.1, who is found to be in possession of counterfeit notes, ended in acquittal by judgment dated 26.08.2004 in Sessions Case No.330 of 2002 and therefore, the continuance of proceedings against the petitioner, who has been arrayed as accused No.2 in PRC No.26 of 2001, amounts to abuse of process of Court. I have gone through the charge sheet filed in Crime No.57 of 2000. The accusation against accused No.2 is that he found to be trafficking the counterfeit currency notes. The police after due investigation filed the charge sheet and cited six witnesses. Merely because the case against one of the accused ended in acquittal cannot be a ground to quash the proceedings against the petitioner, who has yet to take trial in a case arising out of Crime No.57 of 2000 of Yemmiganur Police Station. Hence, the Criminal Petition is dismissed. However, this order does not preclude the petitioner from pleading for discharge before framing charges by the Sessions Court. ______________________ B.SESHASAYANA REDDY, J Dated 13th August, 2010 vrn