HON’BLE SRI JUSTICE B. CHANDRA KUMAR Crl.P.No. 5357 of 2007 Date: 20-04-2010 Between: Mominige Anil Kumar ……….. petitioner and State rep. by the Sub-Inspector of Police ………. Respondent HON’BLE SRI JUSTICE B. CHANDRA KUMAR Crl.P.No. 5357 of 2007 ORDER: This Criminal Petition has been filed to quash the proceedings against A-2 in C.C.No.272 of 2006 on the file of the Judicial First Class Magistrate, Venkatagiri, Nellore District. The only allegation against the petitioner/A-2 is that he paid a deaf ear when it is reported that A-1 misappropriated funds sanctioned under velugu scheme. It is also alleged that he aided A- 1 in committing the offence. The charge sheet has been filed for the offences under Sections 409 and 109 of IPC. The learned counsel for the petitioner submitted that the charge sheet does not contain the particulars as to how the petitioner aided A-1 in committing the offence and how he has abetted the offence. It is also submitted that all the 161 Cr.P.C. statements recorded by the police go to show that there was no abetment by the petitioner in committing the offence by A-1 and therefore, the proceedings against the petitioner are liable to be quashed. Whether there was any abetment or not and whether the petitioner aided A-1 in committing the offence or not cannot be decided in this quash petition. If no such allegations have been made in the statements recorded by the police under Section 161 (3) Cr.P.C., the petitioner/A-2 may approach the trial Court and file a petition to discharge him. Subject to the above observations, I am of the view that there are no merits in the petition and it is liable to be dismissed. Accordingly, the Criminal Petition is dismissed. ___________________ B. CHANDRA KUMAR, J Date: 20-04-2010 YCR