IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD Friday, July 29, 2011 Present: Hon’ble Sri Justice N. Ravi Shankar Crl.P.No. 13447 of 2010 Between G. Krishniah and others ..Petitioner and The State of A.P. and another …Respondents HON’BLE SRI JUSTICE N. RAVI SHANKAR Crl.P.No. 13447 of 2010 O r d e r: Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor. 2. The petitioners herein are A-4 to A-6 in S.C.No. 289 of 2009 on the file of the court of learned Assistant Sessions Judge, Piler, Chittoor District. They have been charge sheeted in the said case for the offences punishable under sections 109, 324 and 307 read with 34 IPC. This petition has been filed by them for quashing this case. 3. Today when the matter is taken up for hearing Smt. Sesha Kumari, learned counsel appearing for the petitioners requested for “pass over”, though the matter is posted under the caption “for orders”. Sri Suresh Reddy, learned counsel appearing for the second respondent pointed out that the case is of the year 2009 and till today the case is kept pending because of the stay granted in this petition. Hence the matter is taken up for hearing refusing “pass over” request. 4, The only plea taken in this petition is that due to village politics the second respondent has impleaded these petitioners as A- 4 to A-6 in the case and further they have also been added as accused basing on the statements of some of the witnesses recorded under section 164 Cr.P.C. by the concerned Magistrate. It may be noted that just because the names of the accused are not mentioned in the FIR, it does not mean that their names cannot be added subsequently. The charge sheet shows that these petitioners are also responsible for the attack, which was allegedly made as an attempt to commit murder of the second respondent. Various pleas raised by the petitioners, especially that their names were not mentioned in the FIR initially and were subsequently added would fall within the purview of disputed questions of fact, which cannot be gone into in this petition. 5. In these circumstances, this petition is dismissed. The trial court shall proceed to dispose of the matter without being influenced in any manner by this order. ______________________ N. RAVI SHANKAR, J. July 29, 2011 *BVS