(1.) This Criminal Petition, under Sec. 482 of the Code of Criminal Procedure, 1973, is filed, by the A5 in C.C.No.554 of 2020 on the file of the Additional Judicial Magistrate of First Class Court, Vizianagaram, to quash the proceedings against him in the said case, which was taken on file for the offence punishable under Sec. 420 IPC by the learned Magistrate.
(2.) The Inspector of Police, Vizianagaram Rural Circle, laid charge sheet against A1 to A8 for the offences punishable under Ss. 419, 420 and 120-B r/w 34 IPC in Crime No.21 of 2019 of Vizianagaram Rural Police Station with the following averments.
(3.) Learned counsel for the petitioner submits that on the same allegations leveled in the charge sheet, enquiry has been conducted by the departmental authorities and the petitioner was exonerated in that departmental enquiry and when once the petitioner has been exonerated from the charges, the question of initiating Criminal Proceedings against him would not arise. Apart from the said ground, he also contended that except the confessional statements of co-accused, there is no other material connecting the petitioner/A5 with the crime.