MANDA ALWAL REDDY Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition is filed to quash the proceedings against the petitioner/Accused No.2 in C.C.No.5286 of 2018 on the file of IX Metropolitan Magistrate, Kukatpally.

(2.) This Court, by order dtd. 20/12/2021 in Criminal Petition No.936 of 2020 quashed the proceedings against A1/S.N.Reddy. The present application is filed by A2 on the ground that he too stands on the same footing and there are no other allegations leveled against this petitioner/A2, for the said reason, prayed to quash the proceedings on the grounds of parity.

(3.) Learned counsel appearing for the 2nd respondent/defacto complainant would submit that for the reason of this Court quashing the proceedings against A1, the proceedings against this petitioner/A2 cannot be quashed. He relied on Rajeev Kourav v. Baisahab and others (2020) 3 Supreme Court Cases 317. The Hon'ble Supreme Court held that the statements recorded under Ss. 161 Cr.P.C statements are wholly inadmissible in evidence and cannot be taken into consideration by the Court while adjudicating a petition filed under Sec. 482 of Cr.P.C. In the said circumstances, learned counsel prays that the petition has to be dismissed and petitioner/A2 has to undergo trial since there are allegations of forgery and cheating.