HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL PETITION No.5611 of 2011 Date: July 13, 2011 Between: Koppisetti Mahesh … Petitioner/ Accused No.3 And 1. State, represented by its Public Prosecutor, High Court of Andhra Pradesh, Hyderabad, through Sub-Divisional Police Officer, Rajahmundry, Kadiam P.S., East Godavari District & 13 others. … Respondents * * * HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL PETITION No.5611 of 2011 O R D E R: This is an application filed to quash the proceedings in P.R.C. No.35 of 2011 (in Crime No.131 of 2010 of Kadiam P.S.) on the file of VII Additional Judicial Magistrate of the First Class, Rajahmundry. 2. The petitioner herein is A-3. The police, after investigation, have found that some overt acts are attributable to the petitioner and he said to have beat L.Ws.1 to 3 with sticks and accordingly a charge sheet was filed showing the petitioner as absconding. Earlier, the petitioner filed Crl.P.No.3000 of 2011 and the same was dismissed on 04.11.2011 finding that the record reveals specific allegations against the petitioner also. Therefore, when such an opinion was expressed earlier and the police after investigation have also found that the petitioner has committed offence, at this stage it is very difficult to hold that the accused is not guilty. The matter requires investigation by the police. 3. Therefore, in view of the above circumstances, the criminal petition is disposed of directing the petitioner/A-3 to surrender before VII Additional Judicial Magistrate of the First Class, Rajahmundry, and on such surrender, the petitioner may move an application for bail which shall be disposed of on the same day by the lower court. ____________________________ N.R.L. NAGESWARA RAO, J Date: July 13, 2011. BSB