HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.5879 of 2010 ORDER: Petitioner – A3 approaches this Court with a prayer to quash the proceedings against him in P.R.C.No.29 of 2010 on the file of the Judicial Magistrate of First Class, Manthani, Karimnagar District, whereby he is facing charge for the offence punishable under Sections 302 read with 34 and 109 IPC. Heard both sides. Learned counsel for the petitioner submitted that except the confession of the co-accused, nothing is there to implicate the petitioner – accused No.3 with the crime concerned and further he relied on the charge sheet filed by the investigation agency in which it is stated that the petitioner instigated to commit the offence, but, no material is placed by the investigation agency to prove the said fact. Admittedly, the documents filed by the petitioner before this Court is only the charge sheet, which contains the gist of the allegations concerned. Hence, this Court is of the view that the said points raised by the petitioner herein can be raised before the Sessions Court after committal of the case. At the time of framing charges, the learned Sessions Judge is directed to consider the submissions and also to peruse the material placed before the respondent – investigation agency, who arrayed the petitioner as A-3 for an offence under Section 109 IPC, more particularly relying on the order earlier passed by this Court in Crl.P.No.2823 of 2010. With the above observation, the Criminal Petition is disposed of. The miscellaneous petitions, if any, filed along with the criminal petition shall stand closed. ________________ RAJA ELANGO, J. 30th March 2011, Rns.