NYATHARI BABU Vs. THE STATE OF A.P.

JUDGEMENT

(1.) THE petitioner is A.3. He seeks for quashment of P.R.C. No. 14 of 2012 on the file of the Judicial First Class Magistrate, Vemulawada, Karimnagar District in Crime No. 122 of 2011 on the file of the Gangadhara Police Station, Karimnagar District.

(2.) THE petitioner along with 5 other accused were charge sheeted. As the petitioner was absconding, case against him was split up and case was proceeded against rest of the accused as S.C. No. 204 of 2012 on the file of the Assistant Sessions Judge, Siricilla. The prosecution examined 5 witnesses. All the 5 witnesses turned hostile and did not support the prosecution story. After recording their evidence, the learned Assistant Sessions Judge acquitted A.1, A.2 and A.4 to A.6, who faced trial in S.C. No. 204 of 2014.

(3.) IN the present case, where all the five material witnesses, who were examined before the learned Assistant Sessions Judge, Siricilla, turned hostile and did not support the prosecution story, there is no possibility of the present petitioner/A. 3 being convicted. I, therefore, agree with the contention of the learned counsel for the petitioner that P.R.C. No. 14 of 2012 so far as petitioner/A.3 is concerned is liable to be quashed.