THE HON’BLE SRI JUSTICE R.KANTHA RAO. CRL. PETITION No. 9803 of 2010. ORDER: This criminal petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings against the petitioner/A.7 in PRC.No. 39 of 2009 on the file of the III Additional Sessions Judge, Kakinada, East Godavari District. I have heard the learned Counsel appearing for the petitioner and the learned Additional Public Prosecutor representing the State. Basing on the report lodged by the 2nd respondent/de facto complainant, the Police Prathipadu registered a case in Cr.No. 126 of 2009 under Section 302 r/w 34 IPC against the petitioner and 11 others. As could be seen from the contents of FIR as well as the charge sheet, the case of the prosecution is that while the deceased was present at Ramalayam in S.C. Colony, Eluru, A.1 to A.12 went to Ramalayam and picked up a quarrel with the deceased stating that he has no right to stay near Ramalayam and so saying all the accused dragged him and fisted him on his chest and also indiscriminately kicked him by pushing him down and consequently he died. The learned Counsel for the petitioner submits that the petitioner is working as a Field Assistant for implementation of NREGS works and he was falsely implicated in the offence at the instance of rival political group with a view to get him removed from the service. He would further submit that only a blanket allegation has been made against all the accused and no specific overt-act has been attributed against the petitioner/A.7 and therefore he seeks to quash the proceedings in so far as the petitioner is concerned. The contention of the learned Counsel for the petitioner cannot be countenanced since it is alleged that all the accused with common object attacked the deceased and beat him indiscriminately and consequently he died. Whether the petitioner has common object along with other accused in the commission of offence is a question of fact, which can be decided only after the evidence of the prosecution is adduced and at this stage, it cannot be concluded that the petitioner has not played any role in the offence. The said question of fact cannot be determined in exercise of powers under Section under Section 482 Cr.P.C. Therefore, absolutely I see no grounds to quash the proceedings. Accordingly, the criminal petition is dismissed. _______________________ R.KANTHA RAO,J 05.10.2010. KRB. THE HON’BLE SRI JUSTICE R.KANTHA RAO. CRL. PETITION No. 9803 of 2010. ORDER: Dt. 05.10.2010.