THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.11839 OF 2010 ORDER: This Criminal Petition is filed by the Petitioner-Accused No.5 under Section 482 Cr.P.C., to quash the proceedings in S.C.No. 270 of 2009 on the file of the II Additional District Judge, Ranga Reddy District, L.B.Nagar, registered for the offences punishable under Sections 342, 323, 363, 364-A, 365, 387 and 420 IPC. 2. Heard. 3. It is stated in the petition that the Station House Officer, L.B.Nagar Police Station, filed a Final Report before the Metropolitan Magistrate, Cyberabad, L.B.Nagar in Crime No.53 of 2008 against the petitioner and four others under Sections 342, 323, 363, 364-A, 365, 387 and 420 IPC and the same was taken on file by the learned Magistrate and the same was numbered as P.R.C. No. 32 of 2008. Since the petitioner was absconded, the case against him was spilt up and numbered as P.R.C. No.42 of 2008. Subsequently, the P.R.C. No. 32 of 2008 against Accused Nos. 1 to 4 was committed to the Sessions Court and numbered as S.C. No. 491 of 2008. 4. The learned Sessions Judge after full-fledged trial, has acquitted the Accused Nos. 1 to 4 by the judgment dated 27.08.2009. 5. The learned counsel for the petitioner submitted that the respondent falsely implicated the petitioner in the above case and he is no way connected with the alleged offences and hence he prays to allow the petition. 6. On perusal of the judgment dated 27.08.2009 passed by the learned VIII Additional Assistant Sessions Judge, Ranga Reddy District, L.B.Nagar in S.C. No. 491 of 2008, it is clear that Accused Nos. 1 to 4 were found not guilty of the offences punishable under Sections 342, 323, 363, 364-A, 365, 387 and 420 IPC and consequently they were acquitted on the following grounds: “In this case the complainant examined as P.W.1, victim was examined as P.W.2, the supporting witness examined as P.W.3. The said three witnesses not supported the case and changed their version stating that P.W.2 went to their relatives house for two days in view of that P.W.1 gave report to the police. P.Ws.2 and 3 also stated the same facts as stated by P.W.1. The above three witnesses were declared hostile and cross-examined by the learned A.P.P. but no incriminating material elicited in favour of the prosecution. The evidence of P.Ws.1 to 3 is in consistence to each other and not attributing any facts as alleged in the charge sheet. Therefore, the prosecution is unable to produce positive evidence to believe their version. Hence, it is clear case that there is no incriminating evidence against the accused. In view of the above observation, it is clear that victim and his brother did not support their case, other supporting witness also not corroborated with the prosecution case and totally there is no incriminating evidence from the prosecution case to establish the guilt of the accused 1 to 4 for the purported offences punishable Under Section 342, 323, 363, 364-A, 365, 387 and 420 IPC.” 7. In view of the above, the proceedings pending against the petitioner/A.5 in S.C.No.270 of 2009 pending before the II Additional District Judge, Ranga Reddy District, L.B.Nagar, can also be quashed, since main accused were tried and were acquitted in S.C. No. 491 of 2009 and no useful purpose will be served even if S.C.No.270 of 2009 is tried. 8. Accordingly, the Criminal Petition is allowed and the proceedings in S.C.No.270 of 2009 on the file of II Additional District Judge, Ranga Reddy District, L.B.Nagar, pending against the petitioner-Accused No.5 is hereby quashed. 9. Miscellaneous Petitions filed in this Criminal Petition, if any, shall stand closed. __________________ RAJA ELANGO, J DECEMBER 12, 2011 YVL THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.11839 OF 2010 12.12.2011 YVL