THE HON’BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION NO.9445 OF 2009 Dated 12th November, 2009 Between: Gummadi Venkata Rao … Petitioner and The State of A.P. rep. By its Public Prosecutor … Respondent The Court made the following O R D E R: This Criminal Petition is filed by the petitioner under Section 482 Cr.P.C seeking to quash the proceedings against him in C.C.No.547 of 2004 on the file of the Additional Judicial Magistrate of First Class, Gudivada. 2. The petitioner was added as accused No.2, under Section 319 Cr.P.C, in the above said C.C by order dated 04.08.2009 passed in Crl.M.P.No.3092 of 2009 by the learned Additional Judicial Magistrate of First Class, Gudivada, on the basis of the depositions of the witnesses. 3. The contention of the learned counsel for the petitioner is that the petitioner was added as accused No.2 in the above C.C, without there being any notice to him. But, Section 319 Cr.P.C does not contemplate any notice. 4. As there is prima facie material against the petitioner, he was added as accused in the above C.C and there is no illegality in the same. If ultimately, the evidence is not sufficient to find the petitioner guilty, as according to the learned counsel for the petitioner several material witnesses have turned hostile, the petitioner may get an acquittal. At this stage, it is not a fit case for quashing of the proceedings in the C.C against the petitioner. 5. Accordingly, the Criminal Petition is dismissed. ______________________ P. SWAROOP REDDY, J Dated 12th November, 2009 vrn