THE HONOURABLE SRI JUSTICE P. SWAROOP REDDY CRIMINAL PETITION No.166 OF 2008 ORDER: This petition is filed under Section 482 Cr.P.C. by the petitioner – Accused No.7 seeking to quash the proceedings in S.C.No.219 of 2004 on the file of the I Additional Sessions Judge, Nellore. 2. Heard both sides. 3. The offence is under Section 302 IPC. The charge framed against the petitioner is under Section 109 IPC. The contention of the learned counsel for the petitioner is that there is no material for the offence under Section 109 IPC. But a reading of the dying declaration of the deceased reveals that the assailants uttered that the present petitioner has sent them to kill the deceased and that the present petitioner was having illicit intimacy with the wife of the deceased and for that reason, he has sent the other assailants to kill him. Such being the allegation, it cannot be said that there is no prima facie case. May be, the charge is wrongly framed, the same can be corrected at any time. In view of the averments in the dying declaration of the deceased, it cannot be said that there is no prima facie case against the petitioner - accused. Hence, the petition is liable to be dismissed. 4. The Criminal Petition is accordingly dismissed. ___________________ P. SWAROOP REDDY, J. 19th January 2010, Rns.