HON’BLE SRI JUSTICE B.CHANDRA KUMAR CRIMINAL PETITION No.4045 OF 2009 ORDER: No representation on behalf of the petitioners. Heard the learned Public Prosecutor. The petitioners are accused Nos.3 to 5 in Crime No.133 of 2009 of Police Station Medak Town, dated 09.06.2009. They filed this application to quash the proceedings in the said First Information Report. The 2nd respondent herein is the complainant. She lodged a complaint alleging inter alia that on 09.06.2009 at about 10.00 A.M., her elder son-in-law namely Amruth along with his friend Sunil criminally trespassed into their house, attempted to forcibly take away her grandson aged about 1 ½ years. In spite of her request to wait for some time, he did not wait, caught hold of her jacket, beat her and damaged their Television and also attempted to stab her brother-in- law, who came to rescue her. It is alleged that the petitioners herein namely P.Sudhakar, P.Raju and P.Sarojamma, M/o. Sunil are responsible for the attack made by Amruth and Sunil. Except making the allegation that the petitioners herein are responsible for the attack, no specific allegations have been made against them. Admittedly, the Investigating Officer arrested M.Amruth and B.Sunil and sent them for judicial remand on 11.06.2009. A copy of the remand report has been filed herewith. The Remand Case Diary Part-I reveals that the Investigating Officer has examined the complainant herein and six other witnesses and the statements of the witnesses recorded by him during the course of investigation reveal that the petitioners are not responsible for the alleged attack. It is clear that in the above circumstances, continuing the proceedings against the petitioners would amount to abuse of process. The allegations made in the First Information Report and the subsequent investigation reveal that there is no iota of evidence to show that the petitioners have committed any offence. Accordingly, First Information Report in Crime No.133 of 2009 on the file of Police Station Medak Town stands quashed in respect of petitioners Nos.1 to 3 i.e., accused Nos.3 to 5. However, the police may proceed with the further investigation and file charge sheet and if the investigation reveal that the other accused have committed the offence, they may file charge sheet against those accused in accordance with law. Accordingly, the Criminal Petition is allowed. ___________________________ JUSTICE B.CHANDRA KUMAR Date:29.09.2011 INL