HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION Nos.1764 and 2310 OF 2009 Dated : 24.12.2010 Between : N.Parasuramudu @ Ramudu & another … Petitioners-A.3 & A.2 a n d The State of A.P. … Respondent HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION Nos.1764 and 2310 OF 2009 COMMON ORDER: These Criminal Petitions under Section 482 of the Code of Criminal Procedure are filed by the petitioners-A.2 and A.3 seeking to quash proceedings against them in P.R.C. No.10 of 2009 on the file of the Judicial First Class Magistrate, Tadipatri. Heard. Learned counsel for the petitioners submits that originally after investigation, respondent-Police filed a case against another person for an offence under Section 302 of Indian Penal Code (for short ‘IPC’). After filing the charge sheet, the investigation agency obtained permission under Section 178 (3) Cr.P.C. and proceeded further in this matter. After further investigation, the present petitioners arrayed as accused for an offence under Section 211 IPC on the allegation that they gave shelter to the main accused after commission of offence, whereas, the charge sheet is filed by the respondent-Police for an offence under Section 302 and 212 IPC and the same is numbered as P.R.C.No.10 of 2009. After perusing the entire material on record and hearing the arguments, this Court is of the view that the submissions of the learned counsel for the petitioners have to be considered by the learned Sessions Judge at the time of framing of charges. When the material on record discloses that the present petitioners, after commission of offence, gave shelter to the accused, an offence under Section 302 IPC must be attracted. It is seen that the respondent-Police erroneously stated in the charge sheet as 302 and 212 IPC. Hence, instead of passing any order, the petitioner is directed to file an application before the trial Court at the time of framing of charges and the trial Court is also directed to consider the same on the basis of the available material. With above observations, both the criminal petitions are disposed of. Petitioners are at liberty to seek appropriate remedy, if they are aggrieved over the charges framed by the learned Sessions Judge. Miscellaneous petitions filed in this Criminal Petition, if any, shall stand closed. ________________________ JUSTICE RAJA ELANGO Dated : 24.12.2010 sur