THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.6824 of 2011 ORDER: This Criminal Petition is filed by the Petitioner-Accused No.8 under Section 482 Cr.P.C., to quash the proceedings in P.R.C. No. 6 of 2004 on the file of The Additional Judicial Magistrate of First Class, Mangalagiri, Guntur District, registered for the offences punishable under Sections 307, 147, 148, 120-B read with Section 34 IPC. Heard. It is stated in the petition that the Station House Officer, Mangalagiri Police Station filed a charge sheet before the Additional Judicial Magistrate of First Class, Mangalagiri in Crime No.13 of 2003 against the petitioner and seven others under Sections 307, 147, 148, 120-B read with Section 34 IPC and the same was taken on file by the learned Magistrate and the same was numbered as P.R.C. No. 71 of 2003. The case against the petitioner-accused No.8 was spilt up and numbered as P.,R.C. No.6 of 2004. Subsequently, the P.R.C. No. 71 of 2003 against Accused Nos. 1 to 7 was committed to the Sessions Division and numbered as S.C. No. 219 of 2004. During the pendency of the said case, the Accused No.1 died and the case against him was abated. The learned Sessions Judge after full pledged trial, has acquitted the Accused Nos. 2 to 7, by the judgment dated 9.4.2007. The learned counsel for the petitioner submitted that the respondent falsely implicated the petitioner in the above case and he is no way connected with the alleged offences and hence he prays to allow the petition. On perusal of the judgment dated 9.4.2007 passed by the learned Principal Assistant Sessions Judge, Guntur in S.C. No. 219 of 2004, it is clear that Accused Nos. 2 to 7 were found not guilty of the offences punishable under Sections 307, 147, 148, 120-B read with Section 34 IPC and consequently they were acquitted on the following grounds: “Considering the above said aspects, it is very clear that the prosecution failed to prove its case against the accused for the offence under Sections 148 and 307 IPC. Coming to the offence charged under Section 120-B IPC, the stand of the prosecution is that A-8 joined hands with A-1 and that on 29.1.2003 at 12 Noon A.1 to A.3 and A.8 met in Great India Hotel, Mangalagiri where they hatched a conspiracy to do away with P.Ws.1 and 4 for which A.8 promised to advance an amount of Rs. 5,000/- to meet the expenditure and handed over the said amount on the spot to A.1 and that the same was witnessed by one Raayabhadrapu Ramesh Babu (L.W.5). To prove the said aspect the prosecution examined P.Ws.1 and 4. But, these witnesses have not stated anything about this before the Court either in their chief examination or in their cross-examination. Further, one Raayabhadrapu Ramesh Babu(L.W.5) had allegedly heard the discussion made between A.1 to A.3 and A.8. But, for reasons best known to it the prosecution failed to examine the said Ramesh Babu as a witness to depose about this aspect. So, none of the witnesses stated before the Court about the alleged conspiracy to do away with P.Ws. 1 and 4. Accordingly, the prosecution also failed to prove the offence charged under Section 120-B of IPC. As the prosecution failed to prove the guilt of accused in respect of the offences charged under Sections 148, 307 and 120-B IPC beyond reasonable doubt, the accused are entitled to benefit of doubt arising in such circumstances thereby leading to the acquittal of the accused. Point is accordingly answered against the prosecution.” In view of the above, the proceedings pending against the petitioner/A.8 in P.R.C. No. 6 of 2004 pending before the Additional Judicial Magistrate of First Class, Mangalagiri, Guntur District, can also be quashed, since main accused were tried and were acquitted in S.C. No. 219 of 2004 and no useful purpose will be served even if the P.R.C. No. 6 of 2004 is committed to the Court of Sessions. Accordingly, the Criminal Petition is allowed and the proceedings in P.R.C. No. 6 of 2004 on the file of Additional Judicial Magistrate of First Class, Mangalagiri, Guntur District pending against the petitioner-Accused No.8 is hereby quashed. Miscellaneous Petitions filed in this Criminal Petition, if any, shall stand closed. _________________ RAJA ELANGO, J Date:2.12.2011. CHV