THE HON’BLE SRI JUSTICE R.KANTHA RAO. CRL. PETITION No. 9224 of 2010. ORDER: This criminal petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings in Cr.No. 135 of 2001 of Town Police Station, Amalapuram, East Godavari District. I have heard the learned Counsel appearing for the petitioners/A.1 and A.2 and the learned Additional Public Prosecutor representing the State. The Town Police, Amalapuram filed a charge sheet against the petitioners and A.3 alleging commission of offence under Section 420 IPC in Cr.No. 135 of 2001, which was numbered as C.C.No. 356 of 2002 on the file of I Additional Judicial First Class Magistrate, Amalapuram. In the charge sheet, the petitioners/A.1 and A.2 were shown as absconding and consequently NBWs were issued against them. Since the NBWs could not be executed, the case against the petitioners was split up and numbered as C.C.No. 112 of 2006 and trial was conducted against A.3 in the original C.C.No. 356 of 2002. After completion of trial, the trial court in its Judgement observed that there is no evidence against A.3 and there is also no evidence showing the involvement of petitioners/A.1 and A.2 in the alleged offence and acquitted A.3. It is submitted by the learned Counsel for the petitioners that the petitioners are not aware of filing a case and also pendency of NBW against them and that subsequently they came to know that the police filed charge sheet wrongly showing them as absconding. He further submitted that as the main case against A.3 ended in acquittal and since the trial court observed that there is no evidence showing involvement of the petitioners in the alleged offence, he seeks to quash the proceedings against the petitioners/A.1 and A.2 in C.C.No. 112 of 2006. Since the main case against A.3 ended in acquittal and it was also the observation of the trial court that there is no evidence pointing out the complicity of the petitioners in the alleged offence and since the prosecution cannot get conviction basing on the same evidence as was adduced in C.C.No. 356 of 2002, I am of the opinion that forcing the petitioners to face the trial is nothing but abuse of process of law and therefore the proceedings are liable to be quashed. Accordingly, the entire proceedings in C.C.No. 112 of 2006 on the file of the I Additional Judicial First Class Magistrate, Amalapuram are hereby quashed. The criminal petition is allowed. _______________________ R.KANTHA RAO,J 04.10.2010. KRB. THE HON’BLE SRI JUSTICE R.KANTHA RAO. CRL. PETITION No. 9224 of 2010. ORDER: Dt. 04.10.2010.