IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.2405 OF 2009 Between: Athar Alam .....PETITIONER AND The State of Andhra Pradesh ....RESPONDENT The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.2405 OF 2009 ORDER: This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed to quash the proceedings against the petitioner/A8 in P.R.C.No.4 of 2008 on the file of II Additional Chief Metropolitan Magistrate, Nampally, Hyderabad. 2. Heard both sides. 3. On 27.07.2005, at about 06:00 PM, when the police raided Room No.41 in Tirupathi Balaji Lodge, Troop Bazar, Hyderabad, they found A1 to A7 along with deadly weapons such as Fire arms, Knives and planning to commit offences like robbery, dacoity etc., in different localities of Hyderabad city. After completion of investigation, police filed charge sheet for the offences punishable under Sections 399, 402, 120B and 109 I.P.C. and 25 (1-B) (a) (c), 27 and 29 of the Arms Act, 1959, against A1 to A7. 4. Admittedly, the petitioner was not present in the Lodge when the police conducted raid. The only allegation levelled against the petitioner in the charge sheet is that he instigated A1 to purchase a revolver. Except that allegation, there is no other allegation levelled against the petitioner and there is no material collected by the police to show that the present petitioner/A8 instigated A1 to purchase the revolver. Therefore, even if the allegations in the charge sheet are taken as true or correct at this stage, they do not made out a prima facie case against the petitioner/A8 of the offences alleged. Hence, continuation of proceedings against the petitioner is nothing but abuse of process of Court. 5. Accordingly, the Criminal Petition is allowed quashing the proceedings against the petitioner/A8 in P.R.C.No.4 of 2008 on the file of II Additional Chief Metropolitan Magistrate, Nampally, Hyderabad. _______________ K.C. BHANU, J August 13, 2010 MD THE HON’BLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.2405 OF 2009 August 13, 2010