HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.3312 OF 2010 Date: 13.04.2010 Between: Mir Moazam Ali and another ……Petitioners And: The State of AP., rep. by its PP and another ……Respondents. HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.3312 OF 2010 ORDER: The petitioners 1 and 2 are accused Nos.1 and 2 in P.R.C.No.2 of 2010 on the file of Chief Metropolitan Magistrate, Hyderabad relating to offence punishable under Sections 307/34 IPC. Main contention of the petitioners is that from 17.04.2009 to 22.04.2009, A-1 was in Osmania General Hospital, Hyderabad as in patient and that therefore, he could not have participated in the offence said to have occurred on 18.04.2009. Alibi is a question of fact. It has to be pleaded and proved by the accused by leading evidence in the trial court. This Court in this petition under Section 482 Cr.P.C., cannot go into that plea of the accused and decide the said plea which requires factual examination. It is open to the petitioners to put forward the said plea before the trial court after the case is committed to the Court of Session. Hence, the petition is dismissed. ___________________________________ SAMUDRALA GOVINDARAJULU,J Date:13.04.2010. Gk. HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.3312 OF 2010 Date: 13.04.2010 Gk.