THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION NO.7917 OF 2009. DATED: 08-10-2009. Between: Bollineni Mallaiah @ Yerra Mallaiah … Petitioner/ A1 and 1. State of A.P. rep by Public Prosecutor, High Court of A.P., Hyderabad. …Respondent/Complainant THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION NO. 7917 OF 2009. ORDER: This Criminal Petition by the petitioner-A1 under Section 482 Cr.P.C. is filed to direct the I Additional Sessions Judge, Guntur to postpone the case for commencement of trial in S.C.No.60 of 2009, which arose out of Cr.No.28 of 2008 of Gurazala Police Station, Guntur, till filing of the supplementary charge sheet against A15 to A21. 2. Basing on the complaint given by the complainant, police registered a case on 16-04-2008 against A1 to A14 and after completion of investigation, filed the charge sheet on 06-08-2008. Thereafter, on 04-10-2008, A15 was arrested in connection with Cr.No.3 of 2008 of Repalle Police Station, who alleged to have gave confession about his involvement in the offence. Basing on the confessional statement, police filed a memo in II Additional Junior Civil Judge, Gurazala and got permission to re-open the case and thereafter, arrayed A15 to A21 as accused, but police have not completed the investigation against A15 to A21 and have not filed any supplementary charge sheet. 3. Learned counsel appearing for the petitoner-A1 contended that first version of the prosecution is that A1 to A14 killed the deceased and the second version is that A15 to A20 killed the deceased by taking Rs.1,00,000/- from A21 and hence, he prays to postpone the trial till filing of the supplementary charge sheet. 4. On the other hand, counsel representing the learned Public Prosecutor contended that except the confessional statement of A15, there is no other material to show that A15 to 20 murdered the deceased by taking Rs.1,00,000/- from A21 and therefore, police could not file supplementary charge sheet and hence, he prays to dismiss the petition. 5. It is for the Investigating officer to decide whether the material collected during the course of investigation is sufficient to file charge sheet or not. After taking permission from the Court, police have not collected any material against A15 to A21 for their involvement in the offence except the confessional statement of A15. There cannot be any dispute that the confession made by the accused in the presence of police official is not evidence at all. Non-filing of the charge sheet cannot be said to be abuse of process of Court. As police could not collect any material to file supplementary charge sheet, they could not file it. Therefore, there are no ground to postpone the case. 6. Accordingly, the Criminal Petition is dismissed. --------------------- K.C.BHANU, J DATED: 08-10-2009 Note: Issue CC in 2 days B/o Hsd