THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO CRL.P.NO.4669 OF 2011 ORDER: This is an application filed by the petitioner to quash the proceedings in Cr.No.246 of 2000 on the file of Narasampet P.S, Warangal District. The petitioner is an Excise Police Constable and Accused No.21. The offence against him is that he along with others have tried to cheat the complainant and others and took away the genuine currency on the promise of providing fake currency. The application is filed suppressing the necessary and real facts. The crime is said to have occurred on 30-12-2000. The petitioner herein is an Excise Constable and he is having knowledge of the proceedings for the last 11 years. Interestingly, the present application is filed to quash the proceedings in the crime and not in any particular case which was numbered as PRC or as a Sessions Case. The petitioner claims that he has appeared and obtained bail. It is further alleged that though 10 years have elapsed as of now, no charge sheet has been filed and there is no possibility of filing charge sheet in view of the acquittal of the case against the other accused. This is a false statement as can be seen from the charge sheet which was filed before the First Class Magistrate, Narsampet, which was numbered as PRC 30 of 2001. In that charge sheet 21 persons were shown as an accused and the petitioner was shown as one of the absconding accused. When once the petitioner has obtained bail from the Court as a Police Constable, it is reasonably expected to know the further proceedings of the case. Therefore, the ground that no charge sheet is filed and that there is no possibility of filing a charge sheet cannot be accepted. The Court should have taken on file the charge sheet against the absconding accused also when the specific allegation is that A-15 and A-21 who is the present petitioner have associated with the illegal business by A-1 to A-15. It is definitely an irregularity of the court and in fact initially on 05-03-2001 as can be seen from the endorsement of the learned Magistrate, the charge sheet was taken on file against A-1 to A-21 including the accused and N.B.Ws were ordered to be issued against A-16 to A-21 and posted to 12-03- 2001, but, however it was corrected as having taken on file against A-1 to A- 15 and the further order of issuing N.B.W against A-16 to A-21 was struck off. The trial evidently was against A-1 to A-15 against whom the charge sheet is said to have been filed and the Sessions Case No.656 of 2001 was tried and acquitted. Evidently, the petitioner is trying to take advantage of such an acquittal. It clearly goes to show that the accused was waiting for the result of the Sessions Case and after acquittal of the other accused on 22-04-2009, the present application is filed for quashing of the crime. Therefore, it is clear case where the court has committed the irregularity. The court has not given any reasons for not taking the case on file against A-16 to A-21 when the charge sheet was filed showing them as an absconding. There seems to be some connivance of the concerned Inspector of Police also in not requesting for issuance of N.B.W for the absconding accused. Merely because, the Sessions Case No.656 of 2001 has ended in acquittal, the petitioner who has not submitted to the process of law cannot ask this court to exercise the power to quash the proceedings, which is a rarest of rare case. The evidence against some accused will be different and the appreciation is also different. It is only a case where the accused, being Excise Constable, is trying to cleverly manipulate the criminal prosecution against him when the charge sheet is filed showing the accused for absconding. It is the duty of the Magistrate to take on file against them also. I find that this petition is a misconceived and only to defeat the process of law in which the petitioner is a Police Constable and for those who abuse the process of law the powers under Section 482 Cr.P.C cannot be extended. Therefore, the petition is liable to be dismissed. The District & Sessions Judge, Warangal is directed to look into matter and after going through the entire file, direct the Magistrate to take the case on file against A-16 to A-21 who were shown as an absconding in the charge sheet against whom the court could not have failed to take the case on file. The learned District Judge is directed to direct the J.F.C.M Narasampet to take the case on file and commit the case to the Court of Sessions after appearance of the accused and proceed according to law. The learned District Judge is also directed to take up the matter with the concerned Superintendent of Police for the failure in properly prosecuting the case against the petitioner who is no other than an Excise Constable and other persons are also said to be involving in a racket of counter-feit. Registry is directed to forward the pages 5 to 20 of the material papers filed along with this petition particularly page No.21 i.e., the order of the Magistrate dated 05-03-2001 to the learned District Judge, Warangal. With the above direction, the Criminal Petition is dismissed. _______________________ N.R.L.NAGESWARA RAO,J 26-07-2011 TSNR