THE HON’BLE SRI JUSTICE R.KANTHA RAO CRL. PETITION No. 8035 of 2009 ORDER: This criminal petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings in Cr.No. 317 of 2003 on the file of the Additional Judicial First Class Magistrate, West and South, Ranga Reddy, now redesignated as VIII Metropolitan Magistrate, Rajendranagar. I have heard the learned Counsel for the petitioner and the learned Additional Public Prosecutor representing the State. The petitioner herein is A.2 in the above crime registered for the offences under Sections 302, 201 r/w 34 IPC and u/s 25 (1) (a) of Arms Act. As the petitioner/A.2 was not apprehended, the case against him was separated. The remaining accused i.e. A.1, A.3, A.4, and a.5 were tried in S.C.No. 355 of 2004 by the learned II Additional Sessions Judge, Ranga Reddy and he acquitted them holding that the material witnesses for the prosecution did not support the case of the prosecution and there is absolutely no evidence to show as to who was responsible for the murder of the deceased, by the Judgement dt. 29.8.2005. The charges against the petitioner are also same as alleged against the acquitted accused. Even if the case is tried against the petitioner, the prosecution has to adduce the same evidence as was adduced in S.C.No. 355 of 2004 in which the material witnesses did not support the case of the prosecution. Therefore, no useful purpose will be served even if the case is kept pending and it amounts of abuse of process of law. In the circumstances, the proceedings against the petitioner/A.2 in Cr.No. 317 of 2003 on the file of the VIII Metropolitan Magistrate, Rajendranagar are hereby quashed. The criminal petition is allowed. _______________________ R.KANTHA RAO,J KRB. 25.10.2010. THE HON’BLE SRI JUSTICE R.KANTHA RAO CRL. PETITION No. 8035 of 2009 ORDER: DT. 25.10.2010.