Mohammed Abdul Rahim, v. State Of Telangana

THE HON'BLE SRI JUSTICE RAJA ELANGO Criminal Petition No.3257 of 2016 ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash proceedings initiated against the petitioners/A-1 and A-2 in C.C.No.612 of 2014 on the file of VIII Additional Chief Metropolitan Magistrate, Hyderabad, arising out of Crime No.160 of 2011 of Moghalpura Police Station, Hyderabad, registered for the offences punishable under Sections 448 and 506 read with Section 34 IPC.

Heard the learned counsel for the petitioners and the learned Public Prosecutor for the State and perused the material.

It is evident from the material that a case in Crime No.160 of 2011 was registered against the petitioners and another by the Moghalpura Police Station, Hyderabad for the offences punishable under Sections 448 and 506 read with Section 34 IPC and after completion of investigation, the police filed charge sheet and the same was numbered as C.C.No.390 of 2012 pending on the file of VIII Additional Chief Metropolitan Magistrate, Hyderabad. The said case was proceeded with only against A-3 as the case against the petitioners/A-1 and A-2 was split up and numbered as C.C.No.612 of 2014 since they were residing in U.S.A. A perusal of the judgment in C.C.No.390 of 2012 by which A-3 was acquitted makes it clear that the prosecution has not chosen to

examine the remaining witnesses including the complainant except PW.1. It is also evident from the judgment that it is established that LW.1 is not the owner of the house and only A-1 is the owner of the house and that the owner of the house has already filed a suit in civil Court for eviction of LW.1 and the same was decreed. It is also held that the evidence of PW.1 itself was not sufficient to prove the guilt of the accused beyond all reasonable doubt, more particularly the prosecution has not chosen to examine LW.1. In the absence of examination of material witness, it cannot be believed that the accused have committed the alleged offences.

Having regard to the facts and circumstances of the case, in view of the fact that the case in C.C.No.309 of 2012 against A-3 was ended in acquittal due to failure of the prosecution to examine material witnesses, this Court is of the view that since the petitioners/A-1 and A-2 stand on the same footing as that of A-3 in C.C.No.309 of 2012, the same benefit can also be extended to them. Hence, the proceedings in C.C.No.612 of 2014 pending against the petitioners/A1 and A-2 are liable to be quashed. Accordingly, the proceedings initiated against the petitioners/ A-1 and A-2 in C.C.No.612 of 2014 pending on the file of VIII Additional Chief Metropolitan Magistrate, Hyderabad are hereby quashed. As a sequel thereto, miscellaneous petitions, if any, pending, shall stand closed.

_______________ RAJA ELANGO, J Date: 15-03-2016 Ksn