STATE OF A P Vs. PATHUR RAMI REDDY

JUDGEMENT

(1.) Criminal Revision Case No. 1467 of 2004 is filed by the State and Criminal Revision Case No. 1551 of 2004 is field by P.W.1, both against the order dated 14-07-2004 in Crl.M.P.No.136f 2004 in S.C.No.378 of 1998 on the file of the VI Additional Sessions Judge, Gooty, (Fast Track Court), Gooty.

(2.) The facts are as follows: On 26-07-1997 at about 6 pm, while the deceased-Yeddula Siva Prasad Reddy was coming on motorbike, accused armed with deadly weapons, allegedly attacked and killed the deceased. P.W.1 lodged complaint with the police and investigation was taken up. On an application made by the respondents in Crl.R.C.No.1551 of 2004, the Superintendent of Police, Anantapur District got the matter investigated by the Deputy Superintendent of Police, Guntakal and on the basis of his report, deleted the names of the present respondents from the array of accused. They were not included in the charge-sheetfiled on 07-11 -1997. Thereafter the case was committed to Sessions Court on 10-11-1997 and numbered as S.C. No. 378 of 1998. Since then, the trial could not proceed for some reason and P.W. 1 was examined on 07-07-2004. Thereafter a petition under Section 319 of the Code of Criminal procedure (Cr.P.C.) was filed for arraying the present respondents as accused. The learned Sessions Judge dismissed the petition by an elaborate order, almost giving a finding that the present respondents have not participated in the offence. Assailing the same, firstly, the state filed Crl.R.C.No. 1476 of 2004 and thereafter, P.W.1, the de facto complainant filed Crl.R.C.No.1551 of 2004.

(3.) Now the contention of the learned Public Prosecutor is that the material on record reveals that the present respondents have actively participated in the offence and their names were found in the FIR and the statements of witnesses, that being, the case, it was not at all justified for the prosecuting agency to delete their names from the charge sheet on the basis of the investigation made by the Deputy Superintendent of Police on the directions of the Superintendent of Police.