THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.13529 OF 2010 DATED 28th FEBRUARY, 2011. BETWEEN : M.Rajesh Naidu .. Petitioner-A.2 and The State of A.P. & another ..Respondents THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.13529 OF 2010 ORDER: Petitioner approaches this Court with a prayer to quash the F.I.R. in crime No.154 of 2010 of Nagarampalem Police Station, Guntur, registered for the offence punishable under Sections 302 read with 34 of Indian Penal Code and 25 and 27 of Arms Act. Heard. Learned counsel for the petitioner submits that no allegation is mentioned in the F.I.R. against the petitioner herein. This Court is of the definite view that in a case under Section 302 read with 120B of Indian Penal Code investigation alone would reveal the involvement of the petitioner in the offence. In an offence under Section 120B IPC, it is not necessary that the name of the petitioner and overt acts should be mentioned in the F.I.R. Hence, this Court is of the view that it is not the stage to prevent the investigation from proceeding further. Learned counsel for the petitioner further submitted that the present petitioner was not in Andhra Pradesh during the time of alleged offence and he was in Malaysia and he is not aware of the crime committed by other accused persons. In these circumstances, the investigation agency is directed to consider the said contention at the time of filing the final report and if the petitioner is aggrieved over any such filing of final report, he is at liberty to approach this Court with appropriate petition. With above observation, the Criminal Petition is disposed of. Miscellaneous petitions filed in this Criminal Petition, if any, shall stand closed. ________________________ JUSTICE RAJA ELANGO Dated : 28.02.2011 sur