THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8811 OF 2011 ORDER: Petitioners – Accused 5 to 12 approach this Court by invoking the provisions under Section 482 of the Code of Criminal Procedure seeking to set aside the order dated 01.08.2011 in Crl.M.P.No.81 of 2011 in S.C.No.601 of 2009 passed by the Principal Assistant Sessions Judge, Kurnool, Kurnool District, whereby the learned Sessions Judge allowed the application filed under Section 319 Cr.P.C. on behalf of the prosecution and included the petitioners as accused. Heard. The petitioners were named as accused in the first information report for an alleged offence under Sections 307, 147, 148, 324 and 149 IPC. After due investigation, the investigation agency deleted the names of the petitioners stating that the allegations against the petitioners are false in nature. Admittedly in the said charge sheet, nowhere it is stated how the investigation agency has come to a conclusion that the allegations against the petitioners are false. After filing of charge sheet, L.W.1 who was examined as P.W.1 deposed regarding the involvement of the petitioners by attributing specific overt acts. After examination of the witness in chief, the prosecutor filed an application to implead the petitioners herein as accused. The learned trial Judge dismissed the application on the ground that the evidence means the examination of a witness in chief and cross, which should be read together. Subsequently, after completion of the cross- examination, the learned Public Prosecutor again filed an application to include the petitioners as accused. The learned Sessions Judge by a detailed order incorporated the arguments made by both parties and opined that the petitioners are proper and necessary parties to add them as accused and the witnesses also deposed before the Court regarding their involvement. Mere deletion of the names of the petitioners-accused by the investigation agency cannot be a ground to reject an application filed by the Public Prosecutor to include a person as an accused, since there is evidence against the petitioners adduced by the complainant. In view of the same, this Court is of the view that there is no infirmity or illegality in the order passed by the learned Sessions Judge and the present petition is liable to be dismissed. Accordingly, the Criminal Petition is dismissed. Miscellaneous petitions filed in this Criminal Petition, if any, shall stand closed. ___________________ JUSTICE RAJA ELANGO 22nd September 2011 Rns