THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No.2414 OF 2008 DATED: 22-07-2010 Between Mohd. Saber …Petitioner –A6 And 1.State of A.P. rep. by Public Prosecutor, High Court of A.P., Hyderabad and two others …Respondents-Complainants THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No.2414 OF 2008 ORDER: This petition under Section 482 Cr.P.C. is filed to quash the FIR in Cr.No.44 of 2008 on the file of the Station House Officer, Moghalpur Police Station, Hyderabad, which was registered of the offences punishable under Sections 452 and 506 r/w 34 IPC. 2. The 3rd respondent herein lodged a complaint alleging that he is the owner of the petrol bunk Charminar Service Station situated near Asra Hospital and in the year 1995, he took GPA from one G.Hanumanth Rao and others who are lawful owners for land admeasuring about Ac.5.20 gts in Sy.No.126, 127,129 to 132 of Karmanghat village, Saroornagar Mandal, Ranga Reddy District. On 21-01-2008 one Aju claiming himself to be a rowdy sheeter came along with Nayeem of Bhavaninagr to his land and threatened his supervisor with dire consequences and after about a month ie., on 25-02-2008, A1 to A6 came to his petrol bunk at Shailibanda with rods and sticks, forcibly entered into his room and threatened him with dire consequences to settle the land dispute and when he made hue and cry, they went away. 3. Learned counsel appearing for the petitioner contended that the other accused were acquitted as the Manager was not examined and it is a futile exercise for the State again to examine all the witnesses in a split up case and therefore, continuation of proceedings against the petitioner is nothing but abuse of process of law. 4. On the other hand, counsel representing the learned Public Prosecutor contended that it is a fact that remaining accused were acquitted in CC No.504 of 2008 on the file of VIII Additional Chief Metropolitan Magistrate, Hyderabad. 5. The petitioner allegedly participated in the commission of offence that took place on 19-04-2008 at about 11.15 A.M. at the petrol bunk situated at Shalibanda Road. The Manager of the petrol bunk who lodged complaint was not examined in the criminal case. Therefore, the trial Court found the accused Nos. 1,3,7, and 9 to 11 not guilty for the offences punishable under Sections 452,506 and 109 r/w 34 IPC and accordingly, they were acquitted. No useful purpose would be served except examining the witnesses who were already examined in the criminal case. When the case against main accused and some others was ended in acquittal, continuation of proceedings against the petitioner is nothing but abuse of process of law. 6. Accordingly, the Criminal Petition is allowed quashing the FIR in Cr.No.44 of 2008 on the file of the Station House Officer, Moghalpur Police Station, Hyderabad. ------------------------------- JUSTICE K.C.BHANU DATED:22-07-2010 Hsd