THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.761 OF 2011 DATED 28th JANUARY, 2011. BETWEEN : Pappu Venkata Ramanaiah & others .. Petitioners-A.3, 6 & 9 and 1) The Station House Officer 2) The State of A.P. ..Respondents THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.761 OF 2011 ORDER: Petitioners approach this Court with a prayer to quash the proceedings in P.R.C.No.5 of 2010 on the file of the Additional Judicial Magistrate of First Class, Gudur. Heard. Firstly, the learned counsel for the petitioners contended that in the First Information Report, most of the petitioners’ names were not found place, but whereas Police filed charge sheet against the petitioners also. It is well settled proposition of law that F.I.R. is only to set the law in motion and in the investigation if the involvement of any other persons is came to light, it is the prerogative of the investigation officer to file charge sheet against those persons also. Hence, the first contention of the petitioners’ counsel is not in acceptance. Secondly, the learned counsel for the petitioners submits that there are no specific overt acts attributed to the petitioners concerned. On perusal of the record, it is seen that the prosecution invoked the provision under Section 149 of Indian Penal code. When Section 149 IPC is invoked by the Prosecution to prosecute a number of persons concerned, there is no necessity of specific overt acts against each every accused person. Hence, this Court is not inclined to interfere with the further proceedings at this stage. Therefore, the Criminal Petition is dismissed. However, the petitioners are at liberty to raise all the points raised before this Court before the trial Court and the trial Court shall appreciate the same in accordance with law. With above observation, the Criminal Petition is dismissed. Miscellaneous petitions filed in this Criminal Petition, if any, shall stand closed. ________________________ JUSTICE RAJA ELANGO Dated : 28.01.2011 sur