THE HON’BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION No.581 OF 2008 Dated : 27.01.2010 Between : Bangaru Reddy & another ….. Petitioners/Accused a n d The State of A.P. & another ….. Respondents THE HON’BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION No.581 OF 2008 ORDER : This criminal petition is filed under Section 482 Cr.P.C. seeking to quash the orders, dated 04.01.2008, passed in Crl.R.P.No.41 of 2007 on the file of the IV Additional Sessions Judge, Kurnool, wherein the learned Judge set aside the order, dated 11.07.2007, passed by the Judicial Magistrate of I Class, Dhone, in Crl.M.P.No.1491 of 2005. 2) Heard. 3) Initially Crl.M.P.No.1491 of 2005 was filed by the State before the Judicial First Class Magistrate, Dhone, under Section 319 Cr.P.C. to add the names of the petitioners herein as accused in the main case, which was dismissed by the trial Court holding that P.W.1, who referred the participation of the petitioners herein, had given evidence badly and in a perfunctory manner as if just intending to add their names without giving any specific over acts. 4) But, even according to the same order, P.W.1 has stated that both the petitioners along with other accused have participated in the offence. Such being the case, perhaps more details are not required to implead the petitioners as accused under Section 319 Cr.P.C. and the learned Sessions Judge has rightly reversed the order of the learned Magistrate. 5) Learned counsel for the petitioners contends that the statements of eye-witnesses LWs 4, 5 and 6 do not show any thing about the participation of the petitioners in the alleged offence. But, those statements are not under Section 164 Cr.P.C. but only under Section 161 Cr.P.C. and there is possibility of deliberate omission while recording the statements. However, in view of the fact that the names of the petitioners are found in F.I.R. and P.W.1 has also stated about their participation in the offence, it cannot be said that there is no material to add the names of the petitioners as accused under Section 319 Cr.P.C. As such, I see no merits in the petition. 6) Accordingly, the criminal petition is dismissed. ______________________ P.SWAROOP REDDY, J 27th January, 2010 SUR