THE HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE NO.321 OF 2011 ORDER: 1 The petitioner is 17th accused in Cr.No.50 of 2009 registered by the Bhakarapet P.S. for the alleged offences punishable under sections 447, 341 and 323 r/w 34 of IPC. After investigation the police filed a charge sheet and the same was taken on file as C.C.N.301 of 2009 by the Judicial Magistrate of I Class, Piler. As there is no specific allegation against the petitioner and as the petitioner was selected as a constable and inasmuch as the pendency of the said case against him is coming in his way, he approached the court below and filed Cr.M.P.No.177 of 2011 before the court below under section 258 of Cr.P.C. to stop the proceedings. However, the said application was dismissed by order dated 24.01.2011. Questioning the same, this revision is preferred. 2 This court while ordering notice before admission, directed the petitioner to take out personal to the 2nd respondent and the said notice is returned with an endorsement “refused”. In the light of the said refusal, this court is of the view that it is deemed service of notice on the 2nd respondent. 3 Heard. 4 Section 258 of Cr.P.C. deals with the power of the court to stop proceedings in certain cases and it reads as under: 258. Power to stop proceedings in certain cases:- In any summons case instituted otherwise than upon complaint, a Magistrate of the first class, or with the previous sanction of the Chef Judicial Magistrate, any other Judicial Magistrate, may, for reasons to be recorded by him, stop the proceedings at any stage without pronouncing any judgment and where such stoppage of proceedings is made after the evidence of the principal witnesses has been recorded, pronounce a judgment of acquittal and, in any other case, release the accused, and such release shall have the effect of discharge. 5 As it is the contention of the learned counsel for the petitioner that there is absolutely no allegation against the petitioner this court looked into the charge sheet filed by the Station House Office, Bhakarapet P.S. From a perusal of the said charge sheet it is clear that no specific overt act is attributed to the petitioner and it is further clear that some civil suits are pending between the parties. From the above it is clear that there is rivalry between the prosecution party and the accused party because of the said civil litigation and in those circumstances the present charge sheet has been filed implicating the petitioner as 17th accused. 6 In that view of the matter, this court is of the view that the court below ought not to have dismissed the application filed by the petitioner under section 258 of Cr.P.C. When once an application of this nature is allowed and further proceedings are stopped it amounts to discharge. 7 Accordingly this petition is allowed and the order impugned is set aside. _____________ 9th March 2011 Kvsn