THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 2283 of 2009 ORDER: Petitioner-A12 approaches this Court with a prayer to quash the proceedings initiated against him in P.R.C.No.26 of 2004 On the file of the Judicial First Class Magistrate, Metpally, whereby he is facing charge for the offence punishable under Sections 148, 324, 302, 364, 365 read with 149 IPC, 25(1)(a) and 27 of the Arms Act and Sec.5 of the E.S.Act. Heard. Learned counsel for the petitioner relied on the Judgment in POTHULA SURESH @ BERI KOMTI VENKATARAMAIAH v. STATE OF ANDHRA PRADESH[1]. The lower Court acquitted the other accused on the following grounds: “P.W.1, the wife and P.W.2, the mother of the deceased stated that about six years back when they were sleeping in their house after taking dinner, some persons came in the mid night and took away the deceased and three days later they traced the dead body of the deceased in Ambaripet village and that P.W.1 gave complaint Ex.P1. Both P.Ws.1 and 2 stated that they do not know the persons who took away the deceased. P.Ws.1 and 2 were declared hostile and on being cross examined they denied having stated to police as in Ex.P2 and P.3 respectively to the effect that naxalites of Janashakthi of which the accused were members had taken away the deceased and killed him. P.W.3 is the brother-in-law of the deceased and is a resident of Mothkuripet village and he states that on coming to know about the death of the deceased at the hands of the naxalites in Thurthi village he went there and saw the dead body. P.W.4 who is shown as one of the eye witnesses to the incident and who is one of the victims of abduction along with the deceased stated that about six years back the deceased was kidnapped from his house and killed. He states that he does not know as to who killed him. He also states that he did not witness the incident.” Relying on the above judgment and also in view of the fact that the other accused were already acquitted by the lower Court, the present petition is liable to be allowed. Accordingly, the Criminal Petition is allowed and the proceedings in P.R.C.No.26 of 2004 on the file of the Judicial Magistrate of First Class, Metpally, pending against the petitioner are hereby quashed. Miscellaneous petitions filed along with the Criminal Petition, if any, shall stand closed. _____________________ JUSTICE RAJA ELANGO 14th November 2011 Rns [1] 2011(2) ALD (Crl.)181 (AP)