IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION NO : 9047 of 2009 Between: Jalem John Sanjeeva Rao S/o. Late Prabhudas R/o. Dr.No.15-3-151, NTR Colony, Narasapur, West Godavari District. ..... PETITIONER AND The State of Andhra Pradesh rep. by its Public Prosecutor High Court Buildings, Hyderabad through Station House Officer, Narsapur Town Police Station, Narsapur, West Godavari District. .....RESPONDENT Petition under Section ____ of Crl.P.C praying that in the circumstances stated in the grounds filed therewith, the High Court will be pleased toto quash the order dated 15.10.2009 in Crl.MP.No.2679 of 2009 i CCNo.279 of 2006 on the file of the Court of the addl. Judicial First Class Magistrate, Narsapur, West Godavari Ditrict and consequentially allowing the said Crl.MP.No.2679 of 2009 in CCNo.279 of 2006 The Petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Mr.SANKU & KAVITI MURLI KRISNA, Advocate for the Petitioner and of the Public Prosecutor, on behalf of the Respondent. The Court made the following: ORDER PSR, J. Crl.P.No. 9047 of 2009 O r d e r: Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State. 2. It is a peculiar case, where the petitioner/accused wants alteration of the charge on the plea that appropriate charge has not been framed. In case proper charge is not framed, it is for the petitioner to take advantage of the same and get an acquittal; but he need not question the correctness of the charge. It is for the prosecution and the complainant to ask for framing of appropriate charges. There are absolutely no grounds to entertain this petition. 3. The petition is accordingly dismissed. _______________________ P. SWAROOP REDDY, J. January 22, 2010. *BVS