HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.2823 of 2010 DATED 29.03.2010 Between: Bairneni Sandheep Rao … Petitioners And The State of Andhra Pradesh, Rep. By Public Prosecutor and another … Respondents HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.2823 of 2010 ORDER: The petitioner/A-3 is accused of offence punishable under Section 302/34 I.P.C. He seeks quashing of proceedings in Crime No.31 of 2010 of Manthani Police Station in so far as he is concerned. 2) The first ground urged by the petitioner’s counsel is that false case was foisted against the petitioner because he took steps against the Inspector of Police previously in this Court as the police did not register a previous crime under Section 307 I.P.C. but registered only under Section 324 I.P.C. Falsity and the reasons for falsity are not valid grounds under Section 482 Cr.P.C. to quash proceedings at the initial stage. The said ground has to be urged and established during trial of the case before the trial Court. 3) The second ground on which quashing of proceedings is sought for is that except confession of a co-accused given while he was in custody of the police, there is no other material against A-3 to proceed against him. It is contended that confession of a co-accused is inadmissible in evidence under Sections 25 and 26 of the Indian Evidence Act. Apart from confession of co-accused in this case, it is contended that there is another piece of evidence relating to seizure of a saree piece from possession of A-3 in pursuance of the alleged confession. In case the charge sheet is filed basing upon confession of co-accused alone, then the petitioner will have sufficient ground for getting relief. But in this case the crime is still under investigation and charge sheet is yet to be filed. It is not known what more evidence the police are going to collect during the course of further investigation in this case, that too in respect of complicity of A-3 in this case. In that view of the matter, this Court is of the opinion that investigation of this murder case cannot be quashed or stalled at its threshold. The petition is premature. 4) In the result, this petition is dismissed. _____________________________ SAMUDRALA GOVINDARAJULU, J March 29, 2010 KSH