Peela Pothinaidu, v. The District And Sessions Judge, Visakhapatnam.

THE HON'BLE SRI JUSTICE RAJA ELANGO Criminal Petition No.2360 of 2016 ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash proceedings initiated against the petitioner/ accused in C.C.No.94 of 2000 on the file of III Additional District Judge-cum-Special Judge for SPE & ACB Cases, Visakhapatnam, arising out of private complaint filed by the District Court, Visakhapatnam under Section 200 Cr.P.C. and 340 (1)(b) Cr.P.C., for the offences punishable under Sections 468 and 471 IPC. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

Learned counsel for the petitioner stated that on the earlier occasion, in a batch of similar criminal petitions in Criminal Petition No.2290 of 2007 and batch, the petitioner challenged the complaints arising out of the same transactions and this Court quashed the proceedings therein by the order dated 21-09-2007 and that the present case also is similar to that of batch cases and hence, the proceedings may be quashed.

A perusal of the material on record and the order dated 21.09.2007 in Crl.P.No.2290 of 2007 and batch would reveal that this Court quashed the proceedings therein following the judgment of a Division Bench of this Court in Crl.A.No.587 of 1998 and batch dated 27.9.2002. The present case also is similar to that of batch of criminal petitions, as the issue involved herein arises out of same transactions on the same set of facts and hence, for the same reasons, the present proceedings also can be quashed.

Accordingly, the Criminal Petition is allowed and the proceedings initiated against the petitioner in C.C.No.94 of 2000 pending on the file of Additional District Judge-cum-Special Judge for SPE & ACB Cases, Visakhaptnam District are hereby quashed. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.

_________________ RAJA ELANGO, J Date: 24-02-2016 Ksn