THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8008 of 2011 ORDER: Petitioner approaches this Court by invoking the provisions under Section 482 Cr.P.C. with a prayer to quash the proceedings against him in S.C.No.81 of 2011 on the file of the Assistant Sessions Judge, Pithapuram, arising out of Crime No.21 of 2008 of Pithapuram Mandal Police Station, East Godavari District, whereby he is arrayed as accused for the offence punishable under Section 307 read with 109 IPC. 2. Heard both sides. 3. The case of the prosecution is that due to some money disputes the first accused committed the offence at the instigation of the second accused, who is the present petitioner. 4. Learned counsel for the petitioner contends that the name of the petitioner was not mentioned in the FIR. The petitioner was wrongly implicated in this case and he is no way concerned with the alleged offence. He further contends that no offence is made out against the petitioner herein for the reason that there is no participation in the crime by the petitioner herein for the alleged offence under Sec.307 IPC. 5. In that view of the matter, this Court is of the view that the contentions raised by the learned counsel for the petitioner are to be decided only at the time of trial and this Court is not inclined to interfere with the trial at the stage and the respondent police only after completion of due investigation, filed the charge sheet, which reveals the instigation of the petitioner in the commission of offence. Hence, there are no merits in the present petition and the same is liable to be dismissed. 6. Accordingly, the Criminal Petition is dismissed. However, considering the submissions made by the learned counsel, the presence of the petitioner before the trial Court is dispensed with except the dates on which the learned trial Judge insists for the same and the petitioner shall be properly represented through his counsel. 7. Miscellaneous petitions filed in this criminal petition, if any, shall stand closed. ___________________ JUSTICE RAJA ELANGO 7th September 2011, Rns