HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 5073 OF 2010 DATED 23RD JULY, 2010. BETWEEN R.Subrahmanyeswararao …..Petitioner/Accused and The State of AP, Rep. By its Public Prosecutor and anr …Respondents HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 5073 OF 2010 ORDER: This Criminal Petition under Section 482 Cr.P.C. is ﬁled by the petitioner/accused seeking to quash the proceedings in C.C.No. 125 of 2009 pending against him on the ﬁle of the learned III Additional Judicial First Class Magistrate, Rajahmundry, E.G. District. The petitioner, who is working as Sub Inspector of Police, Bommur Police Station, Bommur, registered a case against one Sunkara Apparao for the oﬀence punishable under Section 307 IPC. During the trial, the accused who was on bail, not attended the trial and therefore NBWs against him were issued, however, the same were not executed. When the matter was posted on 22.10.2008, there was no representation on behalf of the prosecution. It is alleged that the petitioner herein did not make serious attempts to apprehend the accused and further no representation was made regarding the apprehension of the accused. Treating it as a serious oﬀence under Section 307 IPC , the Court below gave a direction to the petitioner to submit detailed report along with CD file regarding his enquiries about the apprehension of the accused in SC.No.181 of 2003. On 12.11.2008 the petitioner failed to produce any CD ﬁle or report, however, reported that there is no recorded proof that either CD or case ﬁle or any registers of the concerned Bommuru Police Station in respect of enquiry made by him about the accused. Again when the matter was posted on 28.11.2008, the petitioner called absent before the Court below and failed to apprehend the accused, however, ﬁled a memo in that regard. As the memo ﬁled by him was unsatisfactory, the Court below addressed a letter to the Superintendent of Police, EG District, regarding the attitude of the petitioner and also directed to submit his explanation by making his personal appearance on 28.12.2008. On the said date, the petitioner neither attend the Court nor make any representation through Public Prosecutor. Since the accused deliberately ﬂoated/disobeyed the order of the Court below, it took the case on ﬁle to try and punish the petitioner for the oﬀences punishable under Sections 174, 188, 217 and 225-A IPC. Heard both sides. From a reading of the entire record, it appears that the petitioner has not properly carried out the orders of the trial Court to apprehend the accused. However, in any event, the impugned docket order of the learned Magistrate cannot be called as executable order and there is no speciﬁc order or direction to the petitioner/SI of police to inform the Court regarding the developments of the investigation in the case concerned. However, considering the facts and circumstances of the case, the proceedings against petitioner pending before the Court below are liable to be quashed. Accordingly, the proceedings in C.C.No. 125 of 2009 pending on the ﬁle of the learned III Additional Judicial First Class Magistrate, Rajahmundry, E.G. District are hereby quashed. The Criminal Petition is allowed accordingly. ----------------------------------- JUSTICE RAJA ELANGO DATED 23rd JULY, 2010. Msnr.