THE HON’BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION No.9612 OF 2009 Dated : 17.11.2009 Between : Nimmakayala Thirupal Reddy ….. Petitioner/A.2 a n d The State of A.P. & another ….. Respondent THE HON’BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION No.9612 OF 2009 ORDER : This criminal petition under Section 482 Cr.P.C. is filed by the petitioner/A.2 seeking to quash proceedings against him in crime No.39 of 2008 of Kondapuram Police Station, Nellore District, registered for the offence punishable under Section 302 I.P.C. 2) Heard. 3) The allegation against the petitioner is that he along with other accused beat the deceased Ramana Reddy and his wife indiscriminately with stones, caused bleeding injuries to them resulting in death of said Ramana Reddy. 4) Learned counsel for the petitioner contends that the autopsy report reveals that the deceased died on account of cardio respiratory failure and not on account of the injuries alleged to have been caused by the petitioner and others. 5) But, these disputed questions of fact are to be decided by the trial Court during trial. In case no offence punishable under section 302 IPC is made out during trial, atleast lesser offence might be constituted against the petitioner depending on the evidence. Therefore, I see no merits in the criminal petition. 6) Learned counsel for the petitioner reports that, since registration of crime, there is no progress in investigation and so far no final report is filed. In the circumstances it is directed that the investigation and consequential steps on the basis of investigation shall go on and the investigating officer shall file charge sheet/final report within a period of three months from today as the material part of the investigation must have been completed by now, since a year has been lapsed from registration of crime. It is further directed that the petitioner need not to appear either before the investigating officer or the Court till receiving summons after filing the charge sheet. ______________________ P.SWAROOP REDDY, J 17th November, 2009 SUR