THE HONOURABLE SRI JUSTICE R. KANTHA RAO CRIMINAL PETITION No. 9105 OF 2010 ORDER : This Criminal Petition is filed seeking to quash the proceedings in CC.No. 164 of 2008 on the file of the Court of XI Additional Chief Metropolitan Magistrate, Secunderabad against the petitioner-A1. Heard the learned counsel for the petitioner-A2 and the learned Additional Public Prosecutor for the State. According to the prosecution on 29-12-2006 the Excise officials proceeded to Mallareddy Gardens, Pleassey Land, New Bowenpally, which is a function hall and on enquiry they came to know that a birthday party was going on and it was at about 08:45 p.m., A-1 was serving liquor and on enquiry he stated that on the instructions of the petitioner-A2 he was serving the liquor, which is meant for defence service. The learned counsel for the petitioner-A1 submitted that on earlier occasion, the learned single Judge of this Court by order dated 23-7-2010 in Criminal Petition 1393 of 2009 has quashed the proceedings against A-2 on the ground that he was arrayed as accused basing only on the confession of A-1 and there is no other allegation. Even according to the prosecution A-2 is the person who has been running the function hall, since the proceedings against A-1 already had been quashed and no useful purpose will be served in keeping the proceedings pending against A-1 there is also no material to show that A-2 authorised A-1 to serve liquor. Keeping the proceedings pending against him is nothing but a futile exercise. Therefore, I am of the considered view that the proceedings in CC.No. 164 of 2008 on the file of the Court of XI Additional Chief Metropolitan Magistrate, Secunderabad, against A-1 are liable to be quashed. In the result, the Criminal Petition is allowed and the proceedings in CC.No.164 of 2008 on the file of the Court of XI Additional Chief Metropolitan Magistrate, Secunderabad, be and hereby quashed against the present petitioner-A1. __________________________ JUSTICE R.KANTHA RAO 13/09/2010 I s L THE HONOURABLE SRI JUSTICE R. KANTHA RAO CRL.P.No. 9105 of 2010 13-09-2010 I s L