THE HON’BLE SMT. JUSTICE JUVVADI SRIDEVI CRIMINAL PETITION No.10900 of 2023

ORDER

This Criminal Petition is filed under Section 482 of Cr.P.C by the petitioner/accused No.3 seeking to quash the proceedings in C.C.No.151 of 2023 on the file of the learned II Additional Metropolitan Magistrate, Rachakonda at L.B.Nagar, Ranga Reddy District for the offences under sections 170, 419, 467, 468, 471 of Indian Penal Code (for short ‘ÍPC’) and Section 25(1B) (a) of Arms Act.

2. The gist of the case is that on 27.02.2019 at 18.15 hours, the Sub Inspector of police, L.B.Nagar, while he was conducting the vehicle checking at L.B.Nagar found accused Nos.1 to 3 moving in a white fortuner car bearing No.TS 07 GD 8686 towards Gayathri Nagar from Sagar Ring road and stopped them on suspicion. On searching them, they found one air pistol along with pallets, Fake Police ID cards and the said vehicle having police siron, later conducted the confessional cum seizure panchanama of the accused Nos.1 to 3 and immediately took them into custody and brought to the police station for taking necessary action. Basing on the said complaint, a case is registered under crime No.235 of 2019 for the offences under sections 170, 419, 467, 468, 471 of IPC and Section 25(1B) (a) of Arms Act.

3. Heard M/s.V.Ramakrishna Reddy, learned counsel for the petitioner and Smt. S.Madhavi, learned Assistant Public Prosecutor for respondents. Perused the record.

4. Learned counsel for the petitioner submits that the allegations against accused No.3 is that he was found in possession of one mobile phone and Rs.1,000/- and there are no specific allegations with regard to Arms Act and hence Section 25(1B) (a) of Arms Act is not applicable as the ingredients of the offence are not made out and he was not in possession of any Arms. This Court has quashed the proceedings against the accused No.1 in Crl.P.No.8096 of 2019 and the witnesses are the police witnesses. Except stating that he is in possession of Rs.1,000/- nothing is stated against the accused. It is further submitted that mere possession of Rs.1,000/- with a person is not an offence. Hence prays to quash the proceedings against the accused and to allow the criminal petition.

5. Learned Assistant Public Prosecutor admits that case against accused No.1 is quashed and submits that only Rs.1,000/- was found in possession of accused though contended that truth or otherwise of the allegations levelled against the petitioners only can be known after conducting full-fledged trial before the trial Court.

6. On perusal of record, it reveals that there is no material placed by the prosecution with regard to Section 25 of Arms Act and other offences are also not attracted to substantiate any allegation against the petitioner. Mere possession of Rs.1,000/- with a person is not an offence and thereby the prosecution failed to prove the guilt of the petitioner. Thus, there is no material placed by the prosecution to substantiate the case.

7. In view of the said circumstances and on the ground that earlier accused No.1 has been acquitted by this Court, this Court is of the considered opinion that it is a fit case to quash the proceedings against the petitioner/accused No.3.

8. Accordingly the criminal petition is allowed and the proceedings in C.C.No.151 of 2023 on the file of the learned II Additional Metropolitan Magistrate, Rachakonda at L.B.Nagar against the petitioner/accused No.3 are quashed.

Miscellaneous petitions pending, if any, shall stand closed.

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JUVVADI SRIDEVI, J Date: 06.08.2025 BV