HON’BLE SRI JUSTICE G.BHAVANI PRASAD Criminal Petition No.7318 of 2008 Dated : 19.08.2009 Between : Kandi Sreekanth Reddy ….. Petitioner a n d The State of A.P. ….. Respondent HON’BLE SRI JUSTICE G.BHAVANI PRASAD Criminal Petition No.7318 of 2008 ORDER: Heard Sri B.Nalin Kumar, learned counsel for the petitioner, and Sri K.Dhananjayaa, learned Additional Public Prosecutor, for the sole respondent. The criminal petition has been filed to quash the proceedings against the petitioner/third accused in P.R.C.No.37 of 2005 on the file of the Judicial Magistrate of First Class, Siddipet, as well as crime No.126 of 1999 of Siddipet-I Town Police Station. While ordering notice before admission on 14.11.2008, an interim stay of all further proceedings in P.R.C.No.37 of 2005 was granted by this Court, but due to a communication gap, P.R.C.No.37 of 2005 was committed by the learned Magistrate to the Court of Session and was taken on file in C.C.No.6 of 2009 by the Assistant Sessions Judge, Sangareddy, Medak District. The petitioner filed Crl.P.No.6317 of 2009 before this Court to quash the proceedings in C.C.No.6 of 2009 against him contending that the case has been committed to the Court of Session and has been taken on file by the Assistant Sessions Court and the entire proceedings are under challenge in Crl.P.No.6317 of 2009 and as said proceedings are nothing but a continuation of proceedings in P.R.C.No.37 of 2005, the petitioner can take recourse to all grounds of challenge available to him under law against P.R.C.No.37 of 2005 and C.C.No.6 of 2009 in Crl.P.No.6317 of 2009 itself and if the proceedings in C.C.No.6 of 2009 are found unsustainable, for the reasons relied on by the petitioner in either criminal petition, the petitioner can succeed on merits and therefore, the continuation of this criminal petition will be superfluous. Therefore, this criminal petition is dismissed as superfluous and the petitioner is at liberty to raise all grounds of challenge to P.R.C.No.37 of 2005 in Crl.P.No.6317 of 2009. ______________________ G.BHAVANI PRASAD, J 19th August, 2009 SUR