THE HONOURABLE SRI JUSTICE A.GOPAL REDDY Crl.P.No.656/2008 Dt,17-6-2010 Badaralla Veera Venkata Ramana @ Ramana ..Petitioner V. 1.The State of Andhra Pradesh, represented by its Pubic Prosecutor, High Court of A.P., Hyderabad and others. ..Respondents THE HONOURABLE SRI JUSTICE A.GOPAL REDDY Crl.P.No.656/2008 ORAL ORDER A-3 in CC No.2468/2005 on the file of VIII Metropolitan Magistrate, Rajaendranagar facing trial for the offence punishable under Sections 143,506 r/w 149 IPC and Sec. 25(1)(a) of the Indian Arms Act filed this petition under Sec. 482 Cr.P.C., to quash the proceedings initiated against him. Originally, a charge sheet has been filed against 26 accused including the petitioner herein before the VIII Metropolitan Magistrate, Ranjendrangar for the offences punishable under Sections 143, 506 r/w 149 IPC and Se.c 25(1)(a) of the Indian Arms Act. Learned Magistrate took the case on file as CC No.592/2005. During the course of trial, case against A- 3, A-5 to A-16, A-19, A-21, A-25 and A-26 was split up as per orders of the court dt. 10-11-2005 and the same was numbered as CC No.2468/2005. Learned Magistrate by his judgment dt. 11-12-2006 acquitted the all accused in CC No.592/2005 holding that the defacto-complainant who lodged a complaint did not enter into the witness box in spite of granting sufficient time; the material witnesses, P.Ws.1 to 3, did not support the case of the prosecution; P.Ws.4 and 5 failed to identify the accused present in the court; and the prosecution has miserably failed to prove the guilt of the accused beyond reasonable doubt. Since the witnesses in both the CC Nos.592/2005 and 2468/2005 are one and the same, the same evidence as adduced in CC No.592/2005 has to be led in CC No.2468/2005. If such is the case, the same finding, as recorded in CC No.592/2005, will emanate in CC No.2468/2005 also. In view of the same, no purpose would be served in continuing the proceedings against the petitioner-A-3. The Criminal Petition is accordingly allowed and the proceedings initiated against the petitioner-A-3 in CC No.2468/2005 on the file of VIII Metropolitan Magistrate, Rajendranagar are hereby quashed. ______________ A.GOPAL REDDY,J Dt.17-6-2010 kmr