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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
SMT JUSTICE V. SUJATHA, J
G. Venkateswara Rao – Appellant
Versus
State of A.P. – Respondent
| Table of Content |
|---|
| 1. case of the prosecution (Para 2 , 3) |
| 2. petitioners requested to quash (Para 4) |
| 3. prosecutor contended (Para 5) |
| 4. points that arise for consideration (Para 6) |
| 5. acquittal of co-accused (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 6. serious allegations against petitioners (Para 22) |
| 7. criminal petition is dismissed (Para 23 , 24) |
ORDER :
This criminal petition is filed under Section 482 of Criminal Procedure Code (for short “Cr.P.C.”) to quash the proceedings in S.C.No.250 of 2017 on the file of the I Additional District and Sessions Judge, Ongole, Prakasam District corresponding to Crime No.140 of 1995 on the file of Ongole Town Police Station, Prakasam District, registered for the offences punishable under Sections 147 , 148 , 307 and 302 read with 149 of Indian Penal Code (for short “I.P.C.”) and Section 25 and 27 of the Arms Act . Petitioners herein are accused Nos.3, 4 and 7.
2) The case of the prosecution is that crime No.140 of 1995 was registered against 8 persons. Accused Nos.1 to 8 are known to each other and very close associates. With avowed ideology of the Peoples’ War Group, the members of P.W.G. and their associates organi
The acquittal of a co-accused does not automatically entitle other accused to quash proceedings; each case must be evaluated on its own merits.
Point of law: Quash of criminal proceedings – Dismissed - Judgment of acquittal is not admissible under Sections 40 to 43 of the Evidence Act and the benefit cannot be extended.
The acquittal of co-accused does not automatically warrant quashing of charges against an absconding accused; trials may proceed if evidence against absconders remains.
The acquittal of co-accused necessitates the quashing of charges against similarly situated accused, reinforcing the doctrine of parity in criminal proceedings.
The doctrine of parity applies, allowing for the quashing of proceedings against an accused when co-accused have been acquitted on similar charges.
Proceedings may be quashed under Section 482 Cr.P.C. when prosecution witnesses turn hostile and there’s insufficient evidence, indicating a lack of prospect for conviction.
The court affirmed that the inherent powers under Section 482 of the CrPC should be exercised sparingly, emphasizing that acquittal of a co-accused does not automatically warrant quashing proceedings....
The acquittal of co-accused does not bar the prosecution of other accused who have not faced trial, and each case must be decided on its own evidence.
Confessions of co-accused alone are insufficient for conviction; substantive evidence is necessary for criminal charges to proceed.
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