Andhra Pradesh High Court - Amravati
Kovvru Kommuru Prasad Reddy, Ysr Dt., vs State Of Ap., Rep. Pp. And Anr., on 8 November, 2019
Author: G.Shyam Prasad
Bench: G.Shyam Prasad
* THE HON'BLE SRI JUSTICE G. SHYAM PRASAD
+ CRIMINAL PETITION No.6613 OF 2014
% DATE: 08-11-2019
# Kovvru @ Kommuru Prasad Reddy ... Petitioner
Vs.
$ The State of Andhra Pradesh and another
.. Respondents
<Gist:
>Head Note:
! Counsel for the petitioner : Sri V.R.Reddy Kovvuri
^Counsel for respondent No.1 : Public Prosecutor
Counsel for respondent No.2 : Sri M.Jaya Ram Reddy
? CASES REFERRED: --
2
HON'BLE SRI JUSTICE G.SHYAM PRASAD
CRIMINAL PETITION No.6613 OF 2014
ORDER:
This is a petition filed under Section 482 of the Code of Criminal Procedure, 1973 (for short, 'the Cr.P.C.'), by the petitioner-accused No.9, seeking to quash the proceedings against him in C.C.No.209 of 2013 on the file of Judicial Magistrate of First Class, Lakkireddypalli, Y.S.R. Kadapa District.
2. Heard the arguments of learned counsel for the petitioner and learned Public Prosecutor.
3. On the complaint of 2nd respondent, a case in Crime No.54 of 2000 of Ramapuram Police Station was registered. The police after investigation, filed charge sheet against the accused for the offences under Sections 147, 148, 324 r/w Section 149 of the Indian Penal Code, 1860 (for short "the I.P.C."). The case was taken on file by the Magistrate and numbered as C.C.No.267 of 2000. The petitioner is accused No.9 in C.C.No.209 of 2013 on the file of Judicial Magistrate of First Class, Lakkireddypalli.
4. On conducting trial, the accused Nos.1 to 5, 8, 10, 11 and 15 were acquitted vide Judgment dated 22-06-2009. The accused No.6 was absconding and therefore, case against him was split up and numbered as C.C.No.87 of 2009. Thereafter, 3 the case against accused No.6 ended in acquittal. The split up case against other accused was numbered as C.C.No.209 of 2013, wherein the petitioner who is the accused No.9 was the sole accused.
5. Learned counsel for the petitioner mainly argued that since the case against the accused Nos.1 to 5, 8, 10, 11 and 15, has ended in acquittal, the accused in other split up cases are also entitled for acquittal. The offences registered against all the accused are one and the same. When some of the accused are acquitted on the same charges of the same offences, the other accused are also entitled for acquittal. Learned counsel for the petitioner placed reliance on the Judgment of this Court in Criminal Petition No.1488 of 2010, wherein this Court has quashed the proceedings against some of the accused in this crime, who are accused Nos.7, 13 and 14. The observations of the Court in the Criminal Petition No.1488 of 2010 are as follows:-
"when the case against the main accused ended in acquittal after full-fledged trial, continuation of proceedings in split up case in C.C.No.134 of 2006 in respect of the present petitioners therein, is nothing but abuse of process of law".
6. Learned Public Prosecutor fairly submits that since the main accused have already been acquitted after full-fledged trial, the accused in split up case also may be acquitted by following the Judgment of this Court in Criminal Petition referred 4 by learned counsel for the petitioner. He has also fairly submits that the Judgment is applicable to the facts of the present case.
7. Considering the submissions of both the counsel, since some of the main accused in the criminal case have already been acquitted after full-fledged trial, the other accused in split up cases are also entitled to be acquitted. To avoid abuse of process of law, the proceedings against the petitioner-accused No.9 can be quashed in C.C.No.209 of 2013 on the file of Judicial Magistrate of First Class, Lakkireddypalli, Y.S.R. Kadapa District.
8. Hence, the criminal petition is allowed accordingly, quashing the proceedings against the petitioner-accused No.9 in C.C.No.209 of 2013 on the file of Judicial Magistrate of First Class, Lakkireddypalli, Y.S.R. Kadapa District.
Miscellaneous petitions, if any pending, shall also stand closed.
______________________ G.SHYAM PRASAD,J Date: 08-11-2019 Note: L.R. copy to be marked (B/o) ARR 5 THE HON'BLE SRI JUSTICE GUDISEVA SHYAM PRASAD CRIMINAL PETITION No.6613 OF 2014 DATED : 08-11-2019 ARR