MORABOINA VENKATESU Vs. STATE OF A.P.

JUDGEMENT

(1.) Questioning the order dated 11.11.2013 passed in P.R.C. No. 15 of 2013, on the file of II Additional Judicial First Class Magistrate, Proddatur, YSR Kadapa District, wherein the petitioners who were added as A-2 to A-7, the present application under Section 482 Cr.P.C. is filed seeking quashing of the same.

(2.) The facts in issue are as under:

(3.) Relying upon the judgments of the Apex Court in Kishori Singh and others v. State of Bihar and another, the learned counsel for the petitioners submits that the learned Magistrate could not have issued process against those persons, who have been shown as accused in the FIR but deleted from the array of accused in the charge-sheet filed by the police under Section 173 Cr.P.C..